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lOOth Congress ,
2d Session ^ JOINT COMMITTEE PRINT
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 1987
REPORT
SUBMITTED TO THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
AND THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED
FEBRUARY 1987
Printed for the use of the Committees on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
UMASS/AMHERST » C'^M IpHN
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DEPOSn OKY COPY
100th Congress ,
2d Session ' JOINT COMMITTEE PRINT
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 1987
REPORT
SUBMITTED TO THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
AND THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED
FEBRUARY 1987
Printed for the use of the Committees on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
U.S. GOVERNMENT PRINTING OFFICE
80-779 WASHINGTON : 1988
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, DC 20402
COMMITTEE ON FOREIGN AFFAIRS
DANTE B. FASCELL, Florida, Chairman
LEE H. HAMILTON, Indiana
GUS YATRON, Pennsylvania
STEPHEN J. SOLARZ, New York
DON BONKER, Washington
GERRY E. STUDDS, Massachusetts
DAN MICA, Florida
HOWARD WOLPE, Michigan
GEO. W. CROCKETT, Jr., Michigan
SAM GEJDENSON, Connecticut
MERVYN M. DYMALLY, California
TOM LANTOS, California
PETER H. KOSTMAYER. Pennsylvania
ROBERT G. TORRICELLI, New Jersey
LAWRENCE J. SMITH, Florida
HOWARD L. BERMAN, California
MEL LEVINE, California
EDWARD F. FEIGHAN, Ohio
TED WEISS, New York
GARY L. ACKERMAN, New York
MORRIS K. UDALL, Arizona
CHESTER G. ATKINS, Massachusetts
JAMES McCLURE CLARKE, North Carolina
JAIME B. FUSTER, Puerto Rico
JAMES H. BILBRAY, Nevada
WAYNE OWENS, Utah
FOFO I.F. SUNIA, American Samoa
WILLIAM S. BROOMFIELD, Michigan
BENJAMIN A. OILMAN, New York
ROBERT J. LAGOMARSINO, California
JIM LEACH, Iowa
TOBY ROTH, Wisconsin
OLYMPIA J. SNOWE, Maine
HENRY J. HYDE, Illinois
GERALD B.H. SOLOMON, New York
DOUG BEREUTER, Nebraska
ROBERT K. DORNAN, California
CHRISTOPHER H. SMITH, New Jersey
CONNIE MACK, Florida
MICHAEL DeWINE, Ohio
DAN BURTON, Indiana
JAN MEYERS, Kansas
JOHN MILLER, Washington
DONALD E. "BUZ" LUKENS, Ohio
BEN BLAZ, Guam
John J. Brady, Jr., Chief of Staff
Steven K. Berry, Minority Staff Director
JOSEPH R. BIDEN, Jr., Delaware
PAUL S. SARBANES, Maryland
ALAN CRANSTON, California
CHRISTOPHER J. DODD, Connecticut
JOHN F. KERRY, Massachusetts
PAUL SIMON, Illinois
TERRY SANFORD, North Carolina
BROCK ADAMS, Washington
DANIEL P. MOYNIHAN, New York
COMMITTEE ON FOREIGN RELATIONS
CLAIBORNE PELL, Rhode Island, Chairman
JESSE HELMS, North Carolina
RICHARD G. LUGAR, Indiana
NANCY L. KASSEBAUM, Kansas
RUDY BOSCHWITZ, Minnesota
LARRY PRESSLER, South Dakota
FRANK H. MURKOWSKI, Alaska
PAUL S. TRIBLE, Jr., Virginia
DANIEL J. EVANS, Washington
MITCH McCONNELL, Kentucky
Geryld B. Christianson, Staff Director
James P. Lucier, Minority Staff Director
(II)
FOREWORD
The country reports on human rights practices contained herein
were prepared by the Department of State in accordance with sec-
tions 116(d) and 502B(b) of the Foreign Assistance Act of 1961, as
amended. They also fulfill the legislative requirements of section
31 of the Bretton Woods Agreements Act and section 505(c) of the
Trade Act of 1974, as amended.
The reports cover the human rights practices of all nations that
receive U.S. foreign assistance as well as those nations that do not
but are members of the United Nations. They are printed to assist
Members of Congress in the consideration of legislation.
Dante B. Fascell,
Chairman, Committee on Foreign Affairs.
Claiborne Pell,
Chairman, Committee on Foreign Relations.
(Ill)
LETTER OF TRANSMITTAL
Department of State,
Washington, DC, January 29, 1988.
Hon. Claiborne Pell,
Chairman, Committee on Foreign Relations,
Hon. Jim Wright,
Speaker, House of Representatives.
Dear Sirs: I have the distinct honor to present the report pre-
pared in compliance with sections 116(d)(1) and 502B(b) of the For-
eign Assistance Act of 1961, as amended, and section 505(c) of the
Trade Act of 1974, as amended.
With best wishes,
Sincerely,
J. Edward Fox,
Assistant Secretary Legislative Affairs.
Enclosure.
(V)
CONTENTS
Page
Foreword iii
Letter of Transmittal v
Introduction 1
Africa:
Angola 6
Benin 13
Botswana 18
Burkina Faso 24
Burundi 30
Cameroon 38
Cape Verde 45
Central African Republic 51
Chad 57
Comoros 64
Congo 69
Cote d Ivoire 76
Djibouti 83
Equatorial Guinea 90
Ethiopia 96
Gabon 107
Gambia, The 113
Ghana 119
Guinea 126
Guinea-Bissau 131
Kenya 136
Lesotho 146
Liberia 153
Madagascar 163
Malawi 169
Mali 176
Mauritania 182
Mauritius 190
Mozambique 195
Namibia 205
Niger 215
Nigeria 221
Rwanda 233
Sao Tome and Principe 240
Senegal 244
Seychelles 251
Sierra Leone 257
Somalia 263
South Africa 270
Sudan 293
Swaziland 304
Tanzania 312
Togo 322
Uganda 330
Zaire 339
Zambia 349
Zimbabwe 356
Central and South Africa:
Antigua and Barbuda 367
(VII)
VIII
Page
Central and South Africa — Continued
Argentina 371
Bahamas 378
Barbados 382
Belize 386
Bolivia 391
Brazil 398
Chile 407
Colombia 426
Costa Rica 436
Cuba 441
Dominica 454
Dominican Republic 458
Ecuador 465
El Salvador 474
Grenada 489
Guatemala 494
Guyana 503
Haiti 510
Honduras 521
Jamaica 532
Mexico 540
Nicaragua 548
Panama 563
Paraguay 574
Peru 586
St. Christopher and Nevis 598
St. Lucia 601
St. Vincent and the Grenadines 604
Suriname 607
Trinidad and Tobago 616
Uruguay 622
Venezuela 627
East Asia and the Pacific:
Australia 632
Brunei 635
Burma 640
Cambodia 649
China 660
China (Taiwan only) 680
Fiji 694
Indonesia 701
Japan 712
Kiribati 718
Korea, Democratic People's Republic of 721
Korea, Republic of 728
Laos 743
Malaysia 751
Marshall Islands 760
Micronesia, Federated States of 763
Mongolia 766
Nauru 770
New Zealand 774
Papua New Guinea 777
Philippines 782
Singapore 787
Solomon Islands 807
Thailand 810
Tonga 822
Vanuatu 825
Vietnam 828
Western Samoa 838
Europe and North America:
Albania 842
Austria 849
Belgium 854
Bulgaria 860
Canada 871
IX
Page
Europe and North America — Continued
Cyprus 875
Czechoslovakia 881
Denmark 893
Estonia 897
Finland 902
France 908
German Democratic Republic 913
Germany, Federal Republic of 922
Greece 927
Hungary 935
Iceland 944
Ireland 948
Italy 953
Latvia 958
Lithuania 963
Luxembourg 968
Malta 972
Netherlands, The 978
Norvi^ay 983
Poland 988
Portugal 1000
Romania 1006
Spain 1019
Sweden 1023
Switzerland 1028
Turkey 1032
Union of Soviet Socialist Republics 1045
United Kingdom 1069
Yugoslavia 1079
Near East, North Africa, and South Asia:
Afghanistan 1090
Algeria 1099
Bahrain 1108
Bangladesh 1114
Bhutan 1126
Egypt 1131
India 1148
Iran 1159
Iraq 1170
Israel and the occupied territories 1180
Jordan 1200
Kuwait 1209
Lebanon 1222
Libya 1231
Maldives 1238
Morocco 1244
The Western Sahara 1255
Nepal 1257
Oman 1264
Pakistan 1270
Qatar 1285
Saudi Arabia 1290
Sri Lanka 1300
Syria 1313
Tunisia 1322
United Arab Emirates 1331
Yemen Arab Republic 1336
Yemen, People's Democratic Republic of. 1343
Appendixes:
A. Notes on preparation of the reports 1347
B. Reporting on worker rights 1350
C. Selected international human rights agreements 1352
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES
INTRODUCTION
1987 Human Rights Report
This report is submitted to the Congress by the Department of
State in compliance with Sections 116(d)(1) and 502B(b) of the
Foreign Assistance Act of 1961, as amended.* The legislation
requires human rights reports on all countries that receive aid
from the United States and all countries that are members of
the United Nations. In the belief that the information would
be useful to the Congress and other readers, we have also
included reports on countries which do not fall into either of
these categories and which are thus not covered by the
Congressional requirement.
Congress amended the Foreign Assistance Act with the foregoing
sections of law so as to be able to consult these reports when
considering assistance programs for specific foreign countries.
One of the very important consequences--perhaps unintended--of
these legislative provisions is that they have made human
rights concerns an integral part of the State Department's
daily reporting and daily decisionmaking. A human rights
officer in an Embassy overseas who wants to write a good
annual human rights report on the country in which he or she
works must carefully monitor and observe human rights
developments throughout the year on a daily basis. As a
consequence he or she will report on such developments whenever
something of human rights significance happens in the country
of assignment. In the past 11 years, the State Department has
become decidedly better informed on and sensitized to human
rights violations as they occur around the globe.
•Section 116(d)(1) of the Foreign Assistance Act provides as
follows :
"The Secretary of State shall transmit to the Speaker of the
House of Representatives and the Corrimittee on Foreign Relations
of the Senate, by January 31 of each year, a full and complete
report regarding --
"(1) the status of internationally recognized human
rights, within the meaning of subsection (a) --
(A) in countries that received assistance under this
part, and
(B) in all other foreign countries which are members of
the United Nations and which are not otherwise the subject of
a human rights report under this Act."
Section 502(B) (b) of the Foreign Assistance Act provides as
follows :
"The Secretary of State shall transmit to Congress, as part of
the presentation materials for security assistance programs
proposed for each fiscal year, a full and complete report,
prepared with the assistance of the Assistant Secretary of
State for Human Rights and Humanitarian Affairs, with respect
to practices regarding the observance of and respect for
internationally recognized human rights in each country
proposed as a recipient of security assistance."
(1)
As we look back at human rights developments worldwide during
the year 1987, there is no doubt that the attention of a great
many observers focused on developments in the Soviet Union.
Was Mikhail S. Gorbachev, in this third year of his
stewardship of the world's first Leninist dictatorship,
bringing about fundamental change, or were the changes merely
cosmetic? The answer to this question, asked by so many
observers, is that neither adjective fits. The changes were
more than cosmetic and less than fundamental. The Soviet
dictatorship, concentrated in a small elite group and
operating through a single recognized party, remained in
place. The secret police and its comprehensive network of
informants remained the principal pillar on which the state
edifice rests. A majority of political prisoners remained in
jail. But, as our report on the U.S.S.R. points out, there
was some relaxation of totalitarian controls. Some political
prisoners were released. The Soviets announced moves to end
the truly barbarous practice of abuse of psychiatry.
Emigration levels for ethnic Germans, Armenians, and Jews were
higher than those of recent years, although totals for Soviet
Jews fell far short of those of the 1970's. Plays and films
could be seen that dealt with the realities of Soviet life
more honestly than had been allowed in a long time. On the
other hand, we regret to say, the hopes and expectations
voiced in the spring of 1987 as to rapid additional progress
were not fulfilled by the end of the year. We need to see
what 1988 will bring.
Poland and Hungary continue as the two countries in the Warsaw
Pact most tolerant of the expression of internal dissent. In
fact, Poland completed a full calendar year, for the first
time in a long time, without a single person convicted and
incarcerated for the mere expression of dissenting political
views. It surely does not mean that political freedom has
come to Poland, but it is progress of a sort.
Elsewhere in the world, we note with satisfaction the holding
of free elections in the Republic of Korea and the further
relaxation of controls in Taiwan. On the other hand, hopes
for the establishment of democracy in Haiti were seriously set
back, and there was no progress toward respect for human
rights in South Africa.
Free elections and a democratic system are essential, but not
sufficient, elements of a society which respects human
rights. The mere fact that democracy has been established is
no guarantee that human rights will be fully respected in such
a democratic country. As these reports demonstrate, effective
law enforcement, including the operation of an independent,
effective, and efficient judiciary, is needed if the rights of
the individual are to be protected against all forms of
encroachment. We note with regret that, in a number of Latin
American democracies, the law enforcement system lags
significantly behind other institutions of government in
safeguarding human rights and due process.
This year there are 169 separate reports. Conditions in most
countries are described to the end of 1987; for a few
countries, significant developments occurring during the first
weeks of 1988 are also included. The guidelines followed in
preparing the reports are explained in detail in Appendix A.
In Appendix B is a discussion of reporting on worker rights.
Appendix C contains a list of 12 international human rights
covenants and agreements.
The reports also include additional information on worker
rights, as required by Section 505(c) of the Trade Act of 1974,
as amended by Title V of the Trade and Tariff Act of 1984
(Generalized System of Preferences Renewal Act of 1984).*
Although the legislation requires reports on worker rights only
in developing countries that have been beneficiaries under the
Generalized System of Preferences, in the interest of
uniformity, and to provide a ready basis for comparison, we
have here applied the same reporting standards that we have
applied to all countries on which we prepare reports.
Definition of Human Rights
Human rights, as defined in Section 116(a) of the Foreign
Assistance Act, include freedom from torture or cruel, inhuman
or degrading treatment or punishment; prolonged detention
without charges; disappearance due to abduction or clandestine
detention; and other flagrant denial of the rights to life,
liberty, and the security of the person. Internationally
recognized worker rights, as defined in Section 502(a) of the
Trade Act, include (A) the right of association; (B) the right
to organize and bargain collectively; (C) prohibition on the
use of any form of forced or compulsory labor; (D) a minimum
age for the employment of children; and (E) acceptable
conditions of work with respect to minimum wages, hours of
work, and occupational safety and health. (Categories A and B
are covered in Section 2.b. of each report, C in Section l.d.,
and D and E in a final section. Conditions of Labor.)
In addition to discussing the topics specified in the
legislation, our reports, as in previous years, cover other
internationally recognized political and civil rights and
describe the political system of each country. We have altered
our previous discussion of the economic, social, and cultural
situation by focusing on the issue of discrimination in these
fields .
In applying these internationally recognized standards, we
seek to be objective. But the reports unashamedly reflect the
U.S. view that the right of self-government is a basic
political right, that government is legitimate only when
grounded on the consent of the governed, and that government
thus grounded should not be used to deny life, liberty, and
the pursuit of happiness. Individuals in a society have the
inalienable right to be free from governmental violations of
the integrity of the person; to enjoy civil liberties such as
freedom of expression, assembly, religion, and movement,
without discrimination based on race, ancestry, or sex; and to
change their government by peaceful means. The reports also
take into account the fact that terrorists and guerrilla
groups often kill, torture, or maim citizens or deprive them
of their liberties; such violations are no less reprehensible
if committed by violent opponents of the government than if
committed by the government itself.
We have found that the concept of economic, social, and
cultural rights is often confused, sometimes willfully, by
*Section 505(c) of the Trade Act provides as follows:
"The President shall submit an annual report to the
Congress on the status of internationally recognized
worker rights within each beneficiary developing country.
repressive governments claiming that in order to promote
these" rights" they may deny their citizens the right to
integrity of the person as well as political and civil
rights. There exists a profound connection between human
rights and economic development. Experience demonstrates that
it is individual freedom that sets the stage for economic and
social development; it is repression that stifles it. Those
who try to justify subordinating political and civil rights on
the ground that they are concentrating on economic aspirations
invariably deliver on neither. That is why we consider it
imperative to focus urgent attention on violations of basic
political and civil rights, a position given renewed emphasis
by the 1984 Congressional Joint Resolution on Torture. If
these basic rights are not secured, experience has shown, the
goals of economic development are not reached either.
United States Human Rights Policy
From this premise, that basic human rights may not be abridged
or denied, it follows that our human rights policy is concerned
with the limitations on the powers of government that are
required to protect the integrity and dignity of the
individual. Further, it is in our national interest to promote
democratic processes in order to help build a world environment
more favorable to respect for human rights and hence more
conducive to stability and peace. We have developed,
therefore, a dual policy, reactive in the sense that we
continue to oppose specific human rights violations wherever
they occur, but at the same time active in working over the
long term to strengthen democracy.
In much of the world, the United States has a variety of means
at its disposal to respond to human rights violations. We
engage in traditional diplomacy, particularly with friendly
governments, where frank diplomatic exchanges are possible and
productive. Where we find limited opportunities for the United
States to exert significant influence through bilateral
relations, we resort to public statements of our concerns,
calling attention to countries where respect for human rights
is lacking. In a number of instances, we employ a mixture of
traditional diplomacy and public affirmation of American
interest in the issue.
The United States also employs a variety of means to encourage
greater respect for human rights over the long term. Since
1983 the National Endowment for Democracy has been carrying
out programs designed to promote democratic practices abroad,
involving the two major United States political parties, labor
unions, business groups, and many private institutions. Also,
through Section 116(e) of the Foreign Assistance Act, funds
are disbursed by the Agency for International Development for
programs designed to promote civil and political rights abroad.
We also seek greater international commitment to the protection
of human rights and respect for democracy through our efforts
in the United Nations and other international organizations.
Preparation of these annual reports constitutes an important
element of our human rights policy. The process, since it
involves continuous and well-publicized attention to human
rights, has contributed to the strengthening of an
international human rights agenda. Many countries that are
strong supporters of human rights are taking steps of their
own to engage in human rights reporting and have established
offices specifically responsible for international human
rights policy. Even among countries without strong human
rights records, sensitivity to these reports increasingly
takes the form of constructive response, or at least a
willingness to engage in a discussion of human rights policy.
In calling upon the Department of State to prepare these
reports. Congress has created an increasingly useful
instrument for advancing the cause of human rights.
Richard Schifter
Assistant Secretary of State
for Human Rights and Humanitarian Affairs
AFRICA
ANGOLA*
The People's Republic of Angola, the regime established in
Luanda upon the withdrawal of the Portuguese in 1975, is ruled
by the only legal political party, the Marxist-Leninist
Popular Movement for the Liberation of Angola (MPLA) .
President Jose Eduardo dos Santos is both Head of State and
chief of the MPLA. His rule was reconfirmed by the MPLA's
Second Party Congress in December 1985. All major policy
decisions are made by a small elite in the MPLA, which also
controls all means of mass communication. Open political
dissension is not tolerated. Now in its 12th year, the
internal conflict between the Government and the main
opposition force, the National Union for the Total
Independence of Angola (UNITA) , again dominated events in 1987.
The Angolan armed forces (FAPLA) total approximately 100,000.
FAPLA is backed by a lightly armed Peoples' Milita, which is
used only for defensive duties within their localities.
UNITA, led by Jonas Savimbi, is estimated to have a regular
force of about 30,000, as well as a comparable number of
irregular troops. It has the allegiance of a substantial
portion of the population, especially among Angola's largest
ethnic group the Ovimbundu. UNITA controls the southeastern
quarter of Angola's territory. The Angolan Government receives
extensive military assistance from the Soviet Union--well over
$4 billion since 1975 and $1 billion in the last year alone--
and in 1987 an estimated 1,500 Soviet and East German advisers
continued to play an important role in planning and directing
military operations. An estimated 40,000 Cuban military
personnel, a number which increased during 1987, provide
logistical support, training, and advice to government forces
as well as garrison key strategic population and economic
centers. UNITA has stated it favors a government of national
unity and has not sought to establish an alternate government.
The Government for its part repeatedly has stated that it will
not negotiate with UNITA, although it has offered amnesty to
UNITA rebels who lay down their arms. The United States
supports UNITA in the Angolan conflict and has provided its
forces with appropriate assistance.
The fighting has devastated the country's infrastructure,
forced a return to barter in some areas, and has led the
Government to divert much of its assets to the military,
including payments to the Soviet Bloc for military equipment
and Cuban combat troops. Although foreign exchange earnings
from Angola's oil exports increased in 1987 (to $1.8 billion),
the continued reduction of commercial food imports, and the
impact of war on the productivity and distribution networks of
Angolan agriculture are reportedly creating a serious food
emergency in both the cities and the countryside. At the end
of 1987, efforts were underway by international relief
agencies and donor governments to assist in preventing
famine. The Government, in response to the generally critical
situation, announced on August 17 its intention to institute
economic reforms, but had not done so by the end of 1987. The
Government also has applied for admission to the International
Monetary Fund.
*The United States does not maintain diplomatic relations with
the People's Republic of Angola and thus has no diplomatic
personnel there able to monitor human rights conditions or
evaluate allegations of abuses.
ANGOLA
In 1987 human rights abuses continued as the fighting increased
in intensity. In November UNITA forces finally stopped a major
government campaign leaving many hundreds of casualties. Each
side accused the other of killing civilians and committing
atrocities. Some recent estimates indicate that about 700,000
of the 8 to 9 million population have been displaced
internally, in addition to some 400,000 refugees resident in
neighboring countries. South Africa announced in November
that it had given military support to UNITA during the fall
campaign. A number of deaths also occurred inside Angola in
the course of hostilities between the Southwest Africa People's
Organization (SWAPO--a Namibian resistance movement with bases
in Angola) and South Africa, which controls the territory of
Namibia on Angola's southern border.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Reports of unconfirmed political killings on the part of the
Government and UNITA, both within the combat areas and in the
form of summary executions of prisoners, persisted in 1987
(see Section l.g.). A number of members of a religious sect
were killed by security forces in Luanda in February (see
Section 2 .c. ) .
b. Disappearance
There is no information to confirm that secret arrests or
clandestine detentions are practiced by government security
agencies or by UNITA, although each side has accused the other
of such practices.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Allegations of torture and mistreatment made by both sides
appear to have some basis in fact, but torture of opponents
does not appear to be a systematic practice of either the
Government or UNITA.
Angolan prison conditions are poor, with substandard diet and
sanitation. There are some unconfirmed reports that foreigners
are not well treated, but Americans who have been imprisoned
in Angola appear to have been treated adeguately and to have
had access to medical care.
Prison authorities reportedly have wide latitude in the
treatment of prisoners. Treatment of political prisoners at
the prisons controlled by the Ministry of State Security
appears to be harsher than treatment in the regular prisons.
Mistreatment includes beatings, threats, and prolonged
interrogation with the use of force. Amnesty International's
1987 Report stated that the most commonly reported form of
torture involved severe and repeated beatings. Prison visits
appear to be arbitrarily restricted in many instances.
Foreign advisers, including Cubans and East Germans, are
assisting Angolan state security services and may help in
operating state security prisons. The Government continues to
put captured UNITA supporters on public display.
ANGOLA
Very limited information is available on the situation and
administrative structure within UNITA-held areas. It is
known, however, that UNITA captures foreign and government
prisoners in the course of military operations and holds them
in makeshift facilities in its areas of control in southeastern
Angola. In September 1987, UNITA took three Swedish aid
workers prisoner during an assault on a military convoy. One
of them was wounded during the attack and subsequently died;
the two remaining prisoners were released in December.
Following their release, the two told reporters they were not
mistreated but that the third prisoner might have survived had
he been given adequate medical care.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Two of the most frequently reported charges of human rights
violations have been arbitrary arrest and imprisonment without
due process. Numerous reports allege that persons are
arrested and imprisoned by the Government on suspicion or
denunciation by others and, in some cases, held for years
without being notified of the charges against them. In its
1987 Report, Amnesty International stated that there continue
to be few safeguards against the arrest and detention of
political suspects by Government security services.
Under Angolan law, persons suspected of committing serious
acts against the security of the State may be held by the
Ministry of State Security without charge for an initial
period of 3 months, renewable for a further period of 3
months. Such detainees need not be presented to a judge
within 48 hours of their arrest, as stipulated in the code of
criminal procedure for persons suspected of other kinds of
crime, and apparently have no right to challenge the grounds
of their detention. After 6 months in detention without
charge, the detainee must be informed of the accusations, with
the state security service either informing the public
prosecutor of the charges or releasing the suspect. Once the
case is presented to the public prosecutor, there does not
appear to be a specific time limit within which a suspect must
be brought to trial, and many political detainees--the exact
number is not known but may be several hundred--have been held
for years without being tried.
The deterioration of the security situation has exacerbated
the general decline in judicial safeguards and due process.
The Government has established regional military councils
throughout much of Angola. They are responsible directly to
President Dos Santos and have broad authority to restrict the
movement of people and goods, to requisition people and goods
without compensation, and to try crimes against the security
of the State. The Government has also created "people's
vigilance brigades" for urban areas, whose powers are not
clear but include general administration and "protecting the
people and ensuring public order and stability."
The most important person to accept the Government's offer of
amnesty was Daniel Chipenda, who had seriously challenged the
late President Neto for leadership of the MPLA in 1974.
During 1987 both sides accused each other of relying on forced
conscription of young males for recruitment into the military
forces. In 1984 the Angolan Government was cited by the
International Labor Organization (ILO) for being in violation
of ILO Convention 105, which prohibits forced labor. The
ANGOLA
basis of this citation is Angolan legislation providing for
compulsory labor for breaches of labor discipline and
participation in strikes.
e. Denial of Fair Public Trial
The Constitution states that no citizen shall be arrested and
brought to trial except under the terms of the law, and it
provides for the right of the accused to a defense. There is,
however, insufficient evidence to determine to what extent
these rights are observed in practice. In its 1987 Report,
Amnesty International expressed concern that trials of
government opponents, notably in military tribunals, do not
conform to internationally recognized trial standards. In
particular, defendants reportedly were not given adequate
opportunity to present their defense or appeal their cases.
Judicial lines of authority are unclear, especially since the
regional military councils have been given responsibility for
the trial of offenses against the security of the State,
including "economic crimes." It is not known which trials are
open to the public and under what rules of procedure the
various military and civilian courts operate. The Constitution
provides for a People's Supreme Court, but its jurisdiction is
not known.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Constitution provides for the inviolability of
the home and privacy of correspondence, the Government
conducts arbitrary searches of homes, censors private
correspondence, and monitors private communications.
g. Violations of Humanitarian Law in Armed Conflicts
The civil war reached a new level of intensity in 1987, with
modern weaponry in use by both sides. The escalation of the
war resulted in numerous allegations that government, UNITA,
and South African forces killed civilians and that the MPLA
and UNITA executed political prisoners. While it is difficult
to substantiate the various claims and counterclaims,
available evidence suggests that both government and UNITA
forces have on occasion arbitrarily executed prisoners. The
fighting also probably resulted in hundreds of civilian
deaths. While some of these deaths were inadvertently caused
by military operations, others appear to have been deliberately
perpetrated by opposing forces to intimidate civilian
populations. The MPLA and UNITA have publicly and repeatedly
accused each other of practicing terrorism against their
respective opponents, including killing or maiming civilians.
UNITA has additionally charged that Cuban forces have been
involved in attacks on civilians. Civilians also have died as
a result of guerrilla actions, such as attacks on ground
transportation and other economic targets. There are no
reliable casualty figures, but the international press focused
on the large number of civilian casualties due to the extensive
use of landmines. Upwards of 10,000 persons may have lost
limbs as a result of the widespread use of landmines.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression "in the
context of the achievement of the basic objectives of the
10
ANGOLA
People's Republic of Angola." In fact, the Angolan people
live under censorship, intimidation, and Government control of
the media. Opposition views are not tolerated, and critics
such as Bartolomeu Dias Fernandes, who was accused of
"insulting the Head of State," have been sentenced to long
prison terms.
The Government is especially sensitive to criticism in the
foreign press. But in 1986 the Government began to allow the
travel of foreign correspondents to Angola in a controlled
flow, a practice that was continued in 1987. Angola subscribes
to the "Front Line" states' ban on visits by South Africa-based
news correspondents. The circulation of Western journals and
periodicals in Angola is tightly restricted.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is denied to any political group or
movement other than the MPLA. All other political movements
have been banned. There are numerous unconfirmed reports of
arrests of people who voice support of opposition movements or
alternative political systems. The people's vigilance
brigades, which have some law enforcement authority in urban
areas, and the martial law climate throughout the country tend
further to restrict freedom of assembly and association.
The only trade union movement in Angola is the National Union
of Angolan Workers, which is controlled by the MPLA and is a
member of the continent-wide Organization of African Trade
Union Unity. Traditional labor union activities are tightly
controlled by the Government, and legislation ensures only a
single trade union structure. Strikes are prohibited by law
as a crime against the security of the State.
c. Freedom of Religion
Although the Constitution provides for the inviolability of
freedom of conscience and belief and for separation of church
and state, the Government publicly emphasizes the importance
of propagating atheism and has been critical of religious
activities. The overwhelming majority of the Angolan
population is Christian, however, and the Government has not
moved to close down officially recognized churches. Church
services are held regularly, and there is widespread
attendance. Foreign and Angolan missionaries are allowed to
carry out their normal activities. Reportedly, UNITA respects
freedom of religion in the areas it controls. In the past,
UNITA several times captured foreign missionaries, releasing
them unharmed after publicly warning them of the dangers of
being caught in the combat zone.
The Government refuses to recognize smaller religious sects
that it deems subversive. In February 1987, for reasons that
are unclear, Angolan security forces in Luanda killed a number
of members of a subsect of the Tocoist Church called the 18
Classes and 16 Tribes. The Tocoist Church, founded in Africa
in 1949, is a syncretic blend of Christian beliefs and
indigenous religious practices. The Government banned the
Church in 1977.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
As a result of the increased fighting, the Government is
acutely sensitive about security and has tightly
11
ANGOLA
restricted travel. Travel by road in most areas of Angola is
dangerous. The Government has instituted a pass system within
Angola, and foreigners are generally prohibited from traveling
outside the principal cities. UNITA has publicly warned that
it considers all of Angola to be a war zone and that it cannot
guarantee the safety of persons traveling there.
Angolan citizens are allowed to travel abroad, but this travel
is carefully controlled by restrictions on issuance of
passports and exit visas and by currency restrictions.
Emigration is restricted. The Government limits travel to
Angola through a selective and stringent visa policy.
Angola is a party to the U.N. Protocol Relating to the Status
of Refugees. There are currently approximately 70,000
Namibian, 13,000 Zairian, and 10,000 South African refugees or
displaced persons in Angola. Since mid-1980, between 120,000
and 140,000 former Zairian displaced persons in Angola returned
home under the auspices of the U.N. High Commissioner for
Refugees .
Approximately 300,000 Angolans are still refugees in Zaire,
and an estimated 94,000 are in Zambia. The Government claims
that 180,000 exiles have returned to Angola over the years,
but this claim cannot be verified.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change the Government.
Angola is ruled by a small group of officials within the party
apparatus of the ruling MPLA. The Constitution provides for
popular participation in the political process, but political
activity is limited to participation in the MPLA or in one of
its controlled and sanctioned organizations such as its youth
wing, the Angolan Women's Organization, or the trade union
movement. Political power is centered in the elite membership
of the Politburo and the somewhat larger Central Committee.
Party membership is very restricted, with fewer than 30,000
members out of a population of 8 to 9 million, according to
the official media.
The Constitution provides for a popularly elected National
People's Assembly, established in 1981, and people's
assemblies at the provincial and local level. However,
despite recent suggestions from President Dos Santos that the
powers and membership of the National People's Assembly be
broadened, as of the end of 1987 only candidates chosen and
endorsed by the party have been elected. Key members of the
party also hold leadership positions in the people's
assemblies .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has allowed the International Committee of the
Red Cross (ICRC) and United Nations International Children's
Emergency Fund to provide food and medical assistance in areas
it controls, and UNITA allows the ICRC to conduct similar
operations in areas it controls or is contesting. The
Government has not responded to ICRC requests for access to
all persons arrested in connection with internal events and
the military situation in the country.
12
ANGOLA
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Because of the disturbed situation prevailing in most of
Angola, there is little information available on the existence
or extent of discrimination on the basis of race, sex,
religion, language, or social status.
Both the MPLA and UNITA have primarily ethnic bases of
support--the MPLA among Kimbundu speakers, and UNITA among the
Ovimbundu. Members of all of Angola's ethnic groups and
religions, as well as women, participate in both organizations,
some at high levels of the party. However, non-Kimbundu groups
are greatly under represented in the small group within the
ruling MPLA Central Committee and Politburo. Mesticos
(Angolans of mixed racial background numbering only about 1
percent of the population) remain the most highly skilled and
educated group in Angola and are inf luential--politically,
culturally, and economically--beyond their numbers. Women and
blacks were given more positions in the top leadership by the
1985 Second Party Congress.
CONDITIONS OF LABOR
There is no information available on working conditions in
Angola .
13
BENIN
Following its independence from France in 1960, Benin
experienced a prolonged period of political experimentation
and instability, punctuated by frequent coups d'etat. In 1972
the army staged a decisive coup that brought to power the
present Government, headed by President Mathieu Kerekou. In
1974 the Government, influenced by leftists, declared Benin to
be a Marxist-Leninist state under the direction of a single
political party, the Party of the People's Revolution of Benin.
Although Benin's Government has some of the institutional
trappings of other Marxist states, Benin's Marxism has had a
rather superficial effect on Beninese society. Farming and
commerce, the two most important sectors of the economy, have
remained firmly in private hands. The party itself is directed
by a small leadership group in which the influence of the
military remains important. The party controls the selection
of candidates for the National Assembly and local government
bodies. The military hold 5 out of 14 cabinet positions.
Early efforts at radical political and social transformation
in the mid-1970 's encountered widespread resistance and
resulted in significant erosions of political and personal
liberties. An unsuccessful coup attempt in 1977 was followed
by a period of intense suspicion of foreigners and domestic
critics. In recent years, however, the authorities have
exhibited greater tolerance of divergent social and political
views .
Benin is ranked as one of the world's 35 poorest countries;
its underdeveloped economy is largely supported by subsistence
agriculture (80 percent of the population lives in rural
areas), regional trade, and a low level of offshore oil
production. Economic activity has been hampered by the
Government's efforts to institute centralized controls. In
1985 mounting balance of payments problems and rising debt
service costs led the Government to enter into negotiations
with the International Monetary Fund to reduce the number of
state enterprises and to encourage foreign private investment.
The human rights situation remained unchanged in 1987. There
were few incidents that might have caused the Government to
use repressive measures. As in 1985 and 1986, there was some
student unrest; in 1987 a small number of students were
arrested for demonstrating against the late payment of
scholarships .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
There were no reports of disappearance or secret arrests.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In its 1987 report. Amnesty International noted that in 1986
it had received reports of torture and other ill-treatment of
political prisoners, including beatings, whippings, and
14
BENIN
"barrel torture" (the victim is rolled around inside a barrel
containing broken glass and stones).
Prison conditions in Benin are very poor. Sanitation
facilities are deficient, and prisoner food is inadequate
unless supplemented by food from friends or relatives.
Physical punishment reportedly occurs.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Benin's legal system provides for the review of detentions by
a court of law in all but a few sensitive political cases.
The Constitution states that no citizen may be arrested
without an order of arrest by an established judicial body.
In practice, however, persons have been detained, some for
extended periods, without charge and without recourse to legal
assistance or judicial hearing. For example, the American
Association for the Advancement of Science has reported that a
Beninese physician, Afolabi Biaou, was arrested in November
1984 and has been detained without charge since that time.
Biaou was previously involved with the "Support Committee for
Former Political Prisoners" in Benin and was allegedly arrested
en route to the presidential palace where he had been summoned
for a meeting.
Most political arrests have occurred during periods of
political tension. Lengths of incarceration before trial are
at the discretion of the authorities. Although arrests are
not publicized, no special attempt is made to keep them
secret. According to Amnesty International, political
detainees and prisoners have been interrogated by the National
Commission of Inquiry on State Security, headed by a senior
military officer, apparently to determine the extent of the
detainee's ties to opposition groups. The Commission
reportedly has had the power to recommend to the President the
continued detention or release of suspects.
Prior to his departure in October 1986 to meet with Western
European leaders. President Kerekou ordered the release of
about 50 prisoners held since 1985 for having participated in
strikes. Amnesty International stated in its 1987 report that
there were at least 88 political prisoners being held without
trial in Benin at the end of 1986. Apparently most of those
detainees were either suspected of involvement in the student
unrest of 1985 or were accused of supporting the banned
Dahomey Communist Party.
Student unrest continued in 1987, mainly over the late payment
of scholarships. The Government arrested a small number of
student leaders but released them by the end of 1987.
There were no reports alleging the use of forced labor, which
is prohibited under Beninese law.
e. Denial of Fair Public Trial
Benin's judicial system is allowed to function independently
in all but sensitive political cases. In such instances,
detainees may or may not be permitted legal counsel or granted
a public hearing. There is no time limit with respect to
charging a defendant or bringing the accused to trial. In
recent years, the Government has used only the established
civilian "revolutionary court" system. These courts are
organized on provincial and national levels, and there are
15
BENIN
plans for courts at the district level once sufficient judges
have been trained. The highest court of appeal is the Central
People's Court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although Benin's Constitution provides for the inviolability
of the home and requires a warrant from a judge before the
police can enter a residence, there have been occasional
unconfirmed reports of forced entries in sensitive political
cases. Other reports indicate that the security police monitor
telephones and the mail of suspected persons. There are no
other known types of interference with the home or family.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
With few exceptions, the local press, radio, and television
are all government owned and operated. Among the exceptions
are La Croix, a weekly paper published by the Catholic church,
and Echo, a monthly journal of opinion circulated throughout
West Africa, which treat political issues with circumspection.
The official media carry only those stories that are approved
by or serve the interests of the party and the State.
Opposition to government policies and open criticism of the
Government are not tolerated. Academic freedom on nonpolitical
issues, however, is permitted, and there is normally no
censorship of foreign books and artistic works. Foreign
periodicals are widely available on newsstands. Foreign radio
broadcasts are readily available to much of the population
through shortwave radio. No attempt is made to interfere with
radio reception. Although the public expression of political
opinion by Beninese is tightly controlled, the general
atmosphere in Benin is not one of fear and repression. Many
Beninese are willing to discuss politics freely in private or
in small groups.
b. Freedom of Peaceful Assembly and Association
All meetings of a political nature must be sponsored by the
single political party. Although organized public opposition
to the Government itself is not permitted, there are numerous
examples of groups which have organized to protest specific
government policies or actions. In recent years, the
Government has welcomed the formation of a wide variety of
private social, service, and professional organizations
{including Lions and Rotary clubs), many of which maintain
active international affiliations. There is no known
persecution of professional groups.
Labor unions are organs of the party and unified under a
general labor organization, the Union Nationale des Syndicats
des Travailleurs du Benin (UNSTB) . Although controlled by the
Government, individual local unions negotiate with individual
employers on labor matters and represent workers' grievances
to employers and to the Government. The Government often
plays the role of arbiter.
Although the right to strike is not explicitly denied or
protected, it is clear that labor strikes are not sanctioned.
The Constitution of 1977 states that "union activities are
guaranteed to workers" but "must be used for the elevation of
the conscience of the proletarian class and for the
16
BENIN
augmentation and continued development of production." When
labor actions and arrests occasionally occur in Benin, they
usually involve students or professionals and take the form of
brief work stoppages to protest such things as late
scholarship or salary payments.
c. Freedom of Religion
Christianity, Islam, and traditional religions all coexist in
Benin, and adherence to a particular faith does not confer any
special status or benefit. There are no restrictions on
religious ceremonies or teachings, and religious conversion is
freely permitted.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Domestic movement is not restricted. International movement
is controlled in that a passport and exit permission must be
obtained for travel to other than West African countries;
obtaining these documents, however, is not difficult.
Economic rather than governmental constraints usually preclude
travel outside the region. There are no restrictions placed
on residence within Benin, except for recently released
prisoners who may be subject to travel restrictions.
Emigration is common in Benin. Many Beninese move to
neighboring countries to earn a livelihood without
jeopardizing their citizenship. Beninese living abroad are
encouraged by the Government to return home to help develop
their country, but only a small number have done so.
By far the largest group of displaced persons in Benin are
Chadians who have fled the fighting in their country. There
are, according to the United Nations High Commissioner for
Refugees, about 3,500 displaced Chadians in Benin. Many of
these are now permanently settled in Benin, although they are
free to return to Chad if they wish.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The current one-party political system provides no mechanism
whereby citizens are free to change their government.
Leadership is exercised by President Kerekou and a small group
of senior party officials, many of whom hold positions in the
Government. The electoral process allows for citizen
participation in the nomination of candidates for the National
Revolutionary Assembly, in theory the principal decisionmaking
body of the Government. Party membership is neither a
requisite for participation in this process nor for high
office or civil service employment. The final selection of
candidates for the single national slate, however, is made by
the party leadership. No opposition parties or slates are
permitted. The Assembly itself rarely takes issue with
policies formulated by the party leadership.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government considers any outside attempt to investigate
human rights practices in Benin to be interference in its
internal affairs. In February 1986, the Government deposited
instruments of ratification for the African Charter on Human
and People's Rights.
17
BENIN
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Historically, Beninese women have played a major role in the
commercial sector as well as in small-scale family farming.
Women have not had the same educational opportunities as men.
Most boys now attend primary school, but only about one out of
every two girls is in the primary grades. Nevertheless, the
Government officially encourages new opportunities for women
and, while there are no women in ministerial positions, a
number of women figure prominently in executive level positions
in the presidency and in the various ministries. There are
two women on the Central Committee of the party. The ruling
party has a women's organization--the Organisation des Femmes
Revolutionnaires du Benin (OFRB) . As do other specialized
party organizations, the OFRB serves to transmit party policy
to its members. It also provides a channel for women's views
to be made known to the party leadership.
CONDITIONS OF LABOR
The Government has given vigorous support to policies designed
to improve the conditions of average workers in both the
industrial and agricultural sectors. It has, for example,
committed itself to the gradual extension of free or low-cost
medical care and social services; legislated minimum wage
levels (approximately $50 per month) and occupational safety
conditions; and established procedures and mechanisms for the
protection of worker rights, including legislation prohibiting
child labor. The Beninese Labor Code establishes a 40-hour
workweek and implicitly defines a "minimum age" by authorizing
participation in the social security system beginning at age
14. The civil service administration will not hire persons
under 18. In many instances, however, the Government's
ability to enforce these policies and regulations is limited
by a shortage of administrative and financial resources and by
the need for the entire family to farm subsistence plots of
land.
18
BOTSWANA
Botswana is a multiparty democracy with free elections, an
independent judiciary, a small police force, and a
well-disciplined army subordinate to civilian authority.
Under the Constitution, executive power is vested in the
President, who is chosen in a national election for a 5-year
term. The most recent election was in 1984. The President,
Quett K.J. Masire, selects the Cabinet from the National
Assembly. One party continues to dominate the country's
politics: the Botswana Democratic Party (BDP), which has held
a majority in the National Assembly since independence and at
the end of 1987 controlled 28 of 34 elective seats.
Botswana encourages private enterprise and free trade. All
citizens, including those whites who accepted Botswana
citizenship, are free to participate in the economic and
political life of the country. Exploitation of the country's
mineral resources has stimulated economic growth (excluding
mining) by 5.4 percent from 1983-87. Mining alone grew at an
average rate of 31.9 percent in the same period. The diamond
subsector recorded a price increase of 14.5 percent in 1986.
Per capita gross domestic product increased from $69 in 1966
to about $1,000 in 1987. About 75 percent of the population
live in rural areas and are dependent for their livelihoods on
subsistence farming.
Botswana's human rights record generally remains very good.
Citizens receive equal protection under the law; domestic
political violence is rare; public debate, including that in
the press, is lively; and several women hold positions of
importance in the public and private sector. Botswana
suffered continued pressure from neighboring South Africa in
1987, which has forced the Government to retain special
security procedures such as roadblock checkpoints.
Botswana has maintained a reputation of courteous and
efficient handling of travelers. Therefore, an incident of
particular concern was the April 1987 fatal shooting of an
unarmed British/Zimbabwean national by a Botswana Defense
Force (BDF) soldier at a roadblock checkpoint. Appropriate
procedures were initially followed, including arrest of the
soldier and police and BDF investigations, but no action was
taken against the soldier, who has since returned to duty at
roadblocks. No trial was held, the results of the
investigations were not made public, and there is no evidence
that checkpoint procedures have been improved to preclude a
similar occurrence.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The Government has never been accused of involvement in
political killings. There is no guerrilla or insurgency
activity directed against the Government. However, a bomb
blast in Gaborone in March, for which the Government
eventually blamed the South African Government, resulted in
the deaths of three persons.
19
BOTSWANA
b. Disappearance
There were no reports of politically motivated disappearance
in 1987. The Constitution provides for the protection of
personal liberty. The National Security Act of 1986 grants
the Government the authority to hold detainees incommunicado
on security grounds for an indefinite period of time; however,
there have been no arrests or detentions made under this Act.
Some persons have been arrested under existing criminal
statutes dealing with possession of firearms, weapons, or
contraband. There is no evidence that the National Security
Act has seriously affected judicial procedures or led to the
"disappearance" of any detainees.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There have been some reports of improper treatment by the
police of persons in custody during 1987. This includes a case
in which a defendant alleged that his confession had been
coerced, and the magistrate ruled the confession inadmissible
due to "improper police procedures." The ruling did not
specify that physical abuse had occurred, but there have been
other reports of physical mistreatment by police. There are
no indications that systematic abuses are officially condoned
or permitted.
Prison conditions allow for adequate diet, health care, and
visits from family members. Flogging is permitted for
infractions of prison rules and is mandatory punishment for
rape, attempted rape, armed robbery, burglary, housebreaking,
and related offenses. Traditional tribal courts presided over
by a chief, where jurisdiction is limited to minor offenses,
may also sentence individuals to be flogged.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Botswana Constitution contains a provision protecting
citizens from arbitrary arrest. This provision still applies
despite the passage of the 1986 National Security Act.
Preventive detention is illegal, and habeas corpus exists both
in law and practice. Police are required to bring a suspect
before a magistrate for charging within 48 hours of his
arrest. There is a functioning system of bail, and defendants
have access to lawyers of their own choosing.
In security cases not covered under the 1986 Act, the suspect
must be arraigned within 96 hours of his arrest. In
nonsecurity cases, suspects must be released after 48 hours
unless the magistrate issues a warrant of detention, which is
valid for 14 days. Every 14 days the police must appear
before the magistrate and show they are making progress in the
case. To date there have been no known abuses of this system.
Forced labor is illegal and is not practiced.
e. Denial of Fair Public Trial
The right to a fair public trial is provided by law and
honored in practice; trials involving national security,
however, may be closed to the public. Defendants are entitled
to counsel; consultation between defendants and counsel may be
held in private. There are clearly defined appeal procedures.
The judiciary is independent of the executive and the military
20
BOTSWANA
and consists of a High Court (which is the trial court with
general civil and criminal jurisdiction), Court of Appeals,
local magistrate courts, and customary courts. The High Court
has ruled that there exists the right against self-
incrimination in the courts. Moreover, silence cannot be
construed as guilt, and the burden of proof remains with the
prosecution except in security matters. Since no case has yet
been tried under the National Security Act, legal practice
under its provisions is not yet clear. There are no political
prisoners in Botswana.
Botswana created a Customary Court of Appeal in 1986,
permitting cases tried in the traditional court system (which
exists alongside the magistrates courts) the right to appeal
judgments in familial and property cases. Since this Court
began operating in February 1986, 204 criminal appeals and 197
civil appeals have been heard.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
These rights are safeguarded by law and respected in
practice. A search warrant issued by a magistrate is required
for an official to enter a private residence, except in cases
of suspected diamond theft, drug trafficking, or national
security matters. There were no reported instances in which
this authority was used for diamond or drug-related cases in
1987, and the Government did not state whether the powers of
search contained in the new National Security Act were used.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and of the press are guaranteed by the
Constitution and are respected in practice. The
government-owned newspaper and radio continue to report
statements by all opposition parties. Three independent
weekly newspapers publish articles on a wider range of views
than the government-owned media. Two non-Motswana editors of
one of the independent newspapers were declared prohibited
immigrants during 1987, and returned to their countries of
or igin--Zambia and South Africa. There was some concern that
politics may have been a motivating factor in this decision.
There has been no confirmation of this, however, and the
newspaper has continued to publish without visible changes in
reporting style or content. The independent press, along with
an effective judiciary and a functioning democratic political
system, combine to uphold freedom of speech and of the press.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is a well-established tradition in
Botswana, exemplified by the Kgotla, a communal gathering
similar to a New England town meeting, in which citizens
freely question leaders and voice opinions on local politics.
Kgotla meetings are used regularly by political candidates and
members of Parliament, including ministers, to explain their
programs to the people. Large gatherings require local police
approval, which is routinely given. Demonstrations are
permitted so long as order is maintained. Organizers are
required to submit a detailed plan for any demonstration and
are personally responsible for ensuring that the plan is
followed.
21
BOTSWANA
Unions have the right to organize, to bargain collectively,
and to strike after exhausting established procedures, which
require that the Government be invited to arbitrate the
dispute. In practice, strikes are very rare and usually
quickly settled. Unions have chafed under government
regulations which prohibit financial contributions to unions
from outside Botswana and require that all union leaders
continue to work full-time in the trade their union
represents, thus preventing employment of paid, full-time
union organizers. Unions are important in the country's
largest industries (mining-related) but have not yet developed
a base in other sectors of the economy. Completely
independent of government control or party affiliation, unions
in Botswana actively represent their members.
Unions associate freely with international organizations, and
members attend international conferences. The Botswana
Federation of Trade Unions (BFTU) is affiliated with the
International Confederation of Free Trade Unions and is also a
member of the Organization of African Trade Union Unity and
the Southern African Trade Union Coordination Council
(SATUCC) . The Government expelled the Malawian Executive
Secretary of SATUCC in 1986, which caused the Secretariat to
leave Botswana. Recently the Government has expressed an
interest in having the executive secretariat return to
Botswana with different personnel.
c. Freedom of Religion
Open practice of religion is permitted and encouraged. There
is no state religion. While most residents identify
themselves with Christian denominations, active groups of
Muslims, Hindus, Baha'is, and others practice their faiths
freely. Religious affiliation is neither an advantage nor
disadvantage politically or socially. Religious conversion is
permitted, and missionaries are allowed to enter the country
and proselytize. Foreign clergy are also permitted to enter
Botswana and to serve expatriate congregations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Botswana citizens are subject to virtually no restrictions on
emigration or repatriation. Domestic and foreign travel are
unrestricted and passports are easily obtained. Refugees
documented by the United Nations High Commissioner for
Refugees (UNHCR) are generally required to live in the
settlement at Dukwe in northern Botswana where conditions are
relatively good, due mainly to contributions of international
donor organizations. Refugees may be authorized to live
elsewhere for reasons such as employment or schooling. As
with other foreigners in Botswana, refugees are not permitted
to accept jobs which could be filled by local citizens.
Due to allegations from some neighboring countries that
refugees are using Botswana as a sanctuary in which to pursue
activities against the governments of their respective home
countries, Botswana has declared that Dukwe residents found
outside the camp without permission will be considered to have
abandoned refugee status and will be repatriated as a
deterrent to questionable activities by other refugees.
Amnesty International, in its 1987 report, stressed its
concern about the Government's forcible repatriation of
several refugees to Zimbabwe in 1986. Recent involuntary
22
BOTSWANA
repatriations of Zimbabweans seemed to concern economic
migrants who did not seek protection offered by the
Government. The UNHCR has registered its concern that all
refugees have full opportunity to meet UNHCR personnel prior
to repatriation. The Government has indicated its willingness
to provide protection officers access to refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Botswana is ruled by a government freely elected by its
people. In the 1984 national election (the fifth since
Botswana became independent) , an estimated 70 percent of the
eligible voters registered, and 86 percent of the registered
voters actually cast their ballots. In 1986 Botswana held an
important by-election in which an opposition party candidate
won by a sizable majority despite a hard-fought campaign by the
country's ruling party. Another by-election in 1987 resulted
again in an opposition candidate retaining the parliamentary
seat vacated by a colleague who had lost it as a result of a
conviction on possession of a stolen vehicle.
There are five parties in Botswana, three of which are
represented in the country's National Assembly. Opposition
parties are particularly strong in the urban areas, including
Gaborone, Jwaneng, and Francistown. However, one party, the
Botswana Democratic Party (BDP), continues to dominate the
country's politics, having held a majority in the National
Assembly since independence in 1966.
The political rights of women and minority groups are
generally observed. For example, there are two female members
of Parliament, one the Minister of External Affairs, the other
the Executive Secretary of the majority party. Several
members of minority ethnic groups are also represented in the
National Assembly; one white Member of Parliament is also a
cabinet minister, and the Speaker of the National Assembly is
white. Several cabinet ministers are from small minority
ethnic groups.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Botswana cooperates with international agencies concerned with
human rights, most notably the UNHCR, which maintains offices
within Botswana. There are no Botswana-based organizations
set up to observe, report, or contest human rights violations.
The Government consistently has responded promptly and
forthrightly to inguiries on the human rights situation in
Botswana but usually refrains from public comment on alleged
human rights violations in neighboring countries. However,
Botswana condemns apartheid and advocates positive
socioeconomic development in South Africa.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While 95 percent of the population is made up of Tswana who
are divided into eight subgroups, ethnic differences do exist
in Botswana, though they play a marginal role in the country's
politics. Only the approximately 50,000 Basarwa, or Bushmen,
remain generally unrepresented in government. Because the
Basarwa live primarily in remote, rural areas and have little
contact with the population centers of Botswana, they remain
23
BOTSWANA
relatively unaffected by government educational and economic
assistance programs and, consequently, have participated only
marginally in the country's political life. The Government
does not oppress or deny them rights, and they have full
voting rights.
Women hold approximately 24 percent of the paid jobs in
Botswana. An estimated 41 percent of central government
employees are women, many of them, as noted, in high-level
positions. While there is little overt discrimination,
statistics suggest that social custom elevates the perquisites
and privileges of men above those of women. Some 40 percent
of rural households are headed by women. Generally speaking,
women's economic opportunities--access to capital, labor,
draft animals, seeds for farming--are significantly worse than
those of men. Women may choose between civil marriage, in
which all property is held in common, or customary marriage,
which recognizes individual property brought to a marriage.
Most women are not aware of the implications of these
alternatives, however. Often a married woman is unable to
obtain a bank loan without the signature of her husband, and
an unmarried woman must obtain the signature of her father.
The Government has assisted in the publication of a women's
rights handbook, and has established preference points for
women seeking government-sponsored development loans.
CONDITIONS OF LABOR
Botswana law prevents the employment of children 12 years and
younger by anyone except members of the child's immediate
family. No juvenile under the age of 15 can be employed in
industry, and only those over 16 can be employed in night
work. No person 16 or younger is permitted to work in
hazardous jobs, including mining. Women are not permitted to
work at night (except on an emergency basis in agricultural
work) and are not permitted to work as miners. Moreover,
Botswana law protects young people from recruiters for jobs
outside the country. The law also provides for minimum,
working standards, including job safety, maxim.um working hours
per week, and a minimum wage. For some jobs during certain
seasons, Botswana law permits a workweek longer than 48 hours
(such as in agriculture during the harvest season) . Most
major manufacturers adhere to the labor laws, including
payment of overtime salaries (time and a half). Some smaller
employers, however, fail to pay overtime, and no action is
taken against them.
80-779 0 -
24
BURKINA FASO
Burkina Faso, one of the world's poorer countries, is a victim
of frequent drought and has been subject to political
instability. From August 1983, Captain Thomas Sankara held
power as President of Burkina Faso until he was replaced on
October 15, 1987 by Captain Blaise Compaore, President of the
Front Populaire, in the country's fourth military coup since
1980. No political party activities have been permitted since
1980, and there are no indications that the country will return
to constitutional rule. Instead, the Government uses a network
of Committees for the Defense of the Revolution (CDR) ,
organized at national, regional, and local levels to mobilize
the population and promote its revolutionary goals.
The Burkina Faso armed forces number about 7,500 members,
including 5,200 in the army, 100 in the air force, and 2,200
in the paramilitary gendarmerie and the police. It is not
known if the security police (DST) still exist under the new
regime. The CDRs also function as a people's militia and
occasionally detain individuals without public charges or
proceedings .
Burkina Faso is overwhelmingly tied to subsistence agriculture,
with 90 percent of the population living in rural areas. The
economy is highly vulnerable to fluctuations in rainfall.
Frequent drought, lack of communications and other
infrastructure, a low literacy rate, and a stagnant economy
are all longstanding problems.
Human rights abuses continued in 1987. A key event before the
coup was the detention of trade union personnel and related
political figures beginning late in May, several of whom may
have been tortured. Trials of businessmen and civil servants,
who were charged almost exclusively with fraud and corruption,
continued to take place outside the traditional judicial
system in People's Revolutionary Courts in which defendants
may not be represented by legal counsel. Civilian and
military personnel accused of lack of enthusiasm for the
revolution continued to be dismissed for reasons ranging from
misconduct to laziness, although in lesser numbers than in
previous years. The October coup and its aftermath resulted
in the loss of life from fighting and summary executions of
about 30 persons, including former President Sankara. The new
Government, however, released all political prisoners,
reinstated previously suspended or dismissed government
personnel, and allowed teachers who had been fired after a
1984 strike to resume work.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
This year, apart from the military and civilian personnel
killed during the coup itself, at least eight military and
paramilitary personnel opposed to the new Government were
summarily executed in the period immediately following that
event. Prior to the coup, there were no known political
killings during 1987. President Sankara is believed to have
been killed in a gun fight during the coup.
25
BURKINA FASO
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In 1987 there were allegations of torture of several trade
union detainees. In its 1987 Report (covering 1986), Amnesty-
International stated that it had received reports about
torture and ill-treatment of detainees held in connection with
bomb explosions in 1985. Some prisoners were reported to have
been tortured with electric shock, burnt with cigarettes,
beaten, and suspended by their wrists for long periods.
Prison conditions are poor.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Reports of arbitrary arrest, followed at times by incommunicado
detention for days or months without charge, continued in
1987. In some cases, though far fewer than in previous years,
these appear to have been initiated by poorly trained CDR
security personnel. The law permits preventive detention
without charge for a maximum of 72 hours, renewable for a
single 72-hour period in criminal cases. In practice, there
are frequent violations of this restriction in cases involving
both Burkinabe and foreign nationals, especially in political
cases. In addition, in cases of emergency or national
security, the military code overrides the civil code.
Military code procedures provide for continued detention
beyond 72 hours.
Until the October coup, several prominent political
personalities of former regimes, such as the former President,
Colonel Saye Zerbo, remained under a loose form of house
arrest. Others, such as Paul Rouamba, former Ambassador to
the United States and Ghana, remained imprisoned. Under
Sankara, the Government began a series of arrests in 1987 of
leaders of one of the four major labor organizations, the
Burkinabe Trade Union Confederation (CSB) , starting with its
Marxist Secretary General, Soumane Toure, on May 30.
Subsequently, some 30 CSB members and political allies were
detained without charge or trial for varying periods. Many
were still in detention until the new Government freed all
political prisoners. On July 2, the Secretary General of the
essentially defunct School Teachers' Union, SNEAHV, Jean Bila,
was arrested and held without trial until the coup. The
Government forced the CSB and its component unions to elect
new leaders in June. Nineteen members of a magistrates' union
lost their jobs in mid-1987, reportedly due to their political
views, but they were reinstated following the coup. The new
Government detained or placed under house arrest several
former officials from the Sankara regime. At the end of 1987,
some were still being held.
Some intellectuals, military officers, and former government
officials have stayed in self-imposed exile, partly due to
fear for their safety should they return. President Sankara
had invited exiles to return home several times in recent
years, asking them to participate in Burkina Faso ' s economic
development. The new Government, like its predecessor, has
welcomed opponents of the previous regime to return home.
26
BURKINA FASO
Forced or compulsory labor is prohibited by the labor code and
is not known to be practiced.
e. Denial of Fair Public Trial
During 1987 the People's Revolutionary Courts continued to hear
cases primarily involving public corruption. The president of
each court is a magistrate appointed by the Government to head
a tribunal composed of magistrates, military personnel, and
members of the CDRs . The Court President asks questions
directly of the defendant. There is no role for a public
prosecutor, and the accused may consult but not be represented
by counsel during the session. Witnesses can be called by the
Court, or they can present themselves to give testimony. The
Sankara Government preferred to use military courts, rather
than the regular courts, to try persons charged with political
and security offenses. The new Government did not try any
political detainees during 1987.
President Sankara said the people's courts should be viewed as
a permanent part of the country's judicial system. The Sankara
Government had already organized a series of similar tribunals
to hear minor cases at the village, department, and province
levels. Most of the judges in these lower level courts are
popularly elected. The Government's oft-stated aim in
establishing these peoples courts was to ensure fair access to
justice for an overwhelmingly illiterate, impoverished
population. One such court was convened to try corruption
cases after the new Government took power.
The regular judiciary, patterned after the French system, has
continued to function for most criminal and civil cases.
Defendants traditionally receive a fair trial and are
represented by counsel. A new development in 1987 was the
establishment of a system whereby civil service attorneys are
appointed to represent those who do not wish to retain or are
unable to afford, a private attorney. While these civil
servants should theoretically make legal aid widely available
and enjoy hypothetical independence of the Government, some
observers believe this is the first step in gradual elimination
of independent lawyers.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government authorities generally do not interfere in the daily
lives of ordinary citizens, and there is no general monitoring
of private correspondence or telephones. In theory, homes may
be searched only under authority of a warrant issued by the
Attorney General. However, in national security cases, a
special law permits surveillance, searches, and monitoring of
telephones and correspondence without a warrant. This law has
been used against persons suspected of opposition to the
Government .
The Sankara Government encouraged participation in the CDR
organization. Vigorous participation in CDR activities helped
in obtaining civil service appointments and promotions. The
Government considered opposition to CDR activities to be
political opposition, which could lead in serious cases to
discharge from the civil service. The attitude of the new
Government toward citizen participation in the CDRs remained
unclear at the end of 1987.
27
BURKINA FASO
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While there is no formal government censorship, references by
the regime to enemies of the State at home and abroad inhibit
both government-employed journalists and ordinary citizens
from expressing critical views. This is reinforced by
occasional dismissals from government service and reports of
arbitrary arrest, dampening a lively tradition of debate on
political topics.
Under the control of the Minister of Information, the media,
which consist of a daily and a weekly newspaper, a weekly
magazine, and radio and television stations, are government
owned. There is no serious criticism of the Government as a
whole in the media, but there is selected criticism of
officials and programs, particularly in a new satirical
government weekly newspaper.
Foreign newspapers and magazines were permitted to enter the
country freely during 1987, both before and after the coup.
Foreign journalists could travel and file stories without
censorship or hindrance and enjoyed easy access to government
officials. The new Government allowed extensive and uncensored
coverage of postcoup events by foreign journalists for about 2
weeks. Then several journalists who had been particularly
aggressive in interviewing high school students about their
reactions to the coup were detained briefly and released.
Following the publication of similar stories by the magazine
Jeune Afrique, the government radio station attacked the
magazine's reporting.
In the arts, movies are subject to censorship by a review
board which includes religious authorities as well as
government officials. During 1987 a wide variety of American,
French, and other foreign films were shown. In 1987 there
were no known instances of political censorship of films.
There is no interference with international radio broadcasts.
b. Freedom of Peaceful Assembly and Association
Under both the Sankara and Compaore Governments, political
parties are banned, and administrative permission is generally
required for assemblies of any kind. Monpolitical associations
for business, religious, cultural, sporting, and other purposes
are allowed and experience no difficulty in obtaining
permission to meet.
Organized labor continues to be an important force in
Burkina. There are four labor f ederations--of which the
largest is affiliated with the International Confederation of
Free Trade Unions. There are also a number of autonomous
unions. The federations take turns representing organized
labor at the International Labor Organization meetings and
participate in African regional labor meetings as well.
Unions have the right to bargain for increased wages and other
benefits within a specific bargaining unit such as a company
or factory but cannot bargain industry-wide. They represent
the interests of their members in the private and public
sectors, as well as before the labor inspection service of the
Government and before the courts. All unions jealously guard
their limited independence from the Government. Organized
labor has the formal right to strike, but the Sankara
28
BURKINA FASO
Government eliminated this right in practice. The attitude of
the new military Government on the right to strike was not
clear at the end of 1987.
The Sankara Government made a major effort in 1987 to bring
some elements of the labor movement in line with government
policies, notably in the case of the CSB confederation (see
Section 1 .d. ) .
c. Freedom of Religion
Burkina Paso is a secular state, and there is no discrimination
on religious grounds. Islam and Christianity exist side by
side, with almost 40 percent of the population Muslim and
about 10 percent Christian. The remainder of the population
practices traditional African religions. Both Muslim and
Christian holidays are recognized as national holidays.
Social mobility and access to modern sector jobs are neither
linked to, nor restricted by, religious affiliations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travelers within Burkina Faso are often stopped at police,
army, and internal customs checkpoints. There appears to be
little restriction on foreign travel for business and
tourism. Exit permits, once used to limit movements of
workers to neighboring countries, particularly to the Cote
d'lvoire where 1 million or more Burkinabe continue to reside
and work, are no longer required.
Refugees are accepted freely in Burkina Faso, and attempts are
made to provide for their care in cooperation with the United
Nations High Commissioner for Refugees. There were
approximately 250 refugees and displaced persons in Burkina
Faso at the end of 1987, mainly from Chad.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Neither under the last Chief of State, President Sankara, nor
under the rule of the President of the Front Populaire,
Captain Blaise Compaore, have the citizens had the right to
change their government. Despite four changes in leadership
since 1980, the military has dominated the political process.
Captain Compaore told a journalist late in October that his
ambition is to limit, then to disengage, the army from playing
a role in politics. He pledged to move toward
"democratization" of the country.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has made no attempt to hinder the activities of
international human rights organizations. In March 1986, the
Sankara Government invited Amnesty International to send a
delegate to observe the trial of an official charged with
embezzlement of funds. (The organization declined on the
grounds that the case appeared to be solely a criminal matter,
and thus was outside its mandate.) The new Government's
attitude toward the European Parliament's November resolution
condemning the assassination of Sankara was unknown.
29
BURKINA FASO
A government-supported organization lobbies against the South
African apartheid system and other racial oppression, but it
makes no effort to look into domestic human rights issues or
foreign practices other than racial discrimination.
Section 5 Discrimination Based on Race, Sex, Religion,
Language or Social Status
Minority ethnic groups are as likely to be represented in the
inner circles of the Government as are the dominant Mossi, who
comprise 50 percent of the population. Government decisions
do not favor one ethnic group over another. One ostensible
reason for the 1983 increase in administrative regions from 11
to 30 was to improve access of minority groups to local
administrative authorities.
The role of women in Burkina Faso is still limited by the
cultural orientation of a rural African society. Women are
important in family farming and in the market economy. The
Sankara Government emphasized its strong commitment to
expanding opportunities for women and appointed a number of
women to cabinet positions and other government jobs. The new
Government has not taken formal positions on the status of
women, but 3 women remain in the Cabinet.
CONDITIONS OF LABOR
The labor code sets the minimum age for employment at 14, the
average age for completion of basic secondary school.
However, the Government lacks the means to enforce this
provision adequately, owing to the large number of small,
family subsistence farms, and the traditional apprenticeship
system. A minimum monthly wage of about $75 and a maximum
workweek of 48 hours are stipulated by the labor code, as are
safety and health provisions. A system of government
inspections and labor courts ensures that these provisions are
applied in the small industrial and commercial sectors, but
they have been impossible to enforce in the dominant
subsistence agriculture sector.
30
BURUNDI
The Republic of Burundi is a one-party state led by President
Pierre Buyoya , an army major who came to power in September
1987 through a bloodless coup. At present, the nation is ruled
through a 31-member Military Committee for National Salvation,
but Buyoya has promised a speedy return to civilian government,
and 16 of 20 ministers named recently are civilians. The
National Party for Unity and Progress (UPRONA) is the only
significant political entity in Burundi. As President of the
Republic and head of the ruling military committee, Buyoya
plays a dominant policy role. With the Constitution suspended
officially, Buyoya currently exercises legislative and
regulatory powers as well. The dominance of the minority
Tutsi over the majority Hutu ethnic group has been the central
political and social reality of Burundi for several centuries,
and continues under the new Government, although Buyoya has
announced a policy of tribal reconciliation and has promised
to increase Hutu participation in the country's emerging
political institutions and even in the military.
The Burundi Armed Forces are well equipped and well trained to
maintain law and order. In addition, there is a regular police
force responsible for public order and a separate force of
security police responsible primarily for internal state
security, including the monitoring of dissent. The state
security police have the same powers of arrest as the regular
police and are subject to the same process of judicial review
of detentions.
Burundi is a poor country with one of the highest population
densities in Africa. Most Burundi (90 percent) earn their
livelihood as subsistence farmers working small, privately
owned plots. The small monetary economy is based on coffee,
which accounts for 85 percent of foreign exchange earnings.
Recent gains in food production and agriculture have been
largely offset by the high population growth rate.
The major development in 1987 was the coup d'etat which
brought Buyoya to power. In the months prior to the coup, the
Government of former President Bagaza took an increasingly
hard line against any form of dissent. In particular, Bagaza
sought to weaken, if not destroy, the Roman Catholic Church
through church closings, the arrest and expulsion of priests,
and the placement of severe restrictions on the freedom to
worship. Other religions were persecuted also, and large
numbers of Seventh-Day Adventists and Jehovah's Witnesses were
imprisoned without charge under harsh conditions. Bagaza's
excesses were a major cause of resentment against the old
Government and Buyoya has made the protection of human rights
a major goal of his administration. In the first days
following the coup, the Military Committee freed all political
prisoners, announced a partial amnesty for other prisoners,
opened the closed churches, and invited all exiles to return.
By mid-October, Buyoya had announced further liberalization,
including authorization for weekday masses and religious
schools and the reinstitution of the office of catechist.
Buyoya also has encouraged discussion and pledged wide
democratic debate within the party structure. The new
President has preserved the civilian character of the
bureaucracy and taken steps to reduce corruption. The
Military Committee is moving more slowly in reinstituting the
national assembly, with elections not expected for several
years. While the Constitution has been suspended, government
operations which rely on constitutional provisions continue as
before.
31
BURUNDI
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no allegations of killings for political motives or
reports of summary executions.
b. Disappearance
No disappearances caused by the Government or by other groups
were reported. Prison authorities during the Bagaza era
reportedly could not account for all persons who had been
detained, but whether those unaccounted for died in prison,
escaped, or were released remains to be determined.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is forbidden by law, but prior to the coup cruel
treatment of suspects or detainees often occurred in the form
of beatings at the time of arrest or interrogation. These
beatings, when combined with other harsh conditions,
occasionally led to serious injury or even death. In fact,
two Jehovah's Witnesses are reported to have died in May as a
direct result of such mistreatment. Since the coup, there
have been no reports of torture or cruel punishment. The new
Government has expressed an interest in having regular visits
by the International Committee of the Red Cross (ICRC).
Prison conditions remain severe due to the lack of adequate
hygiene, medical care, and food. Prisoners are segregated
according to the nature of their crimes, allowed regular family
visits, and participate in rehabilitative work programs,
including agricultural production. Due to inadequate prison
budgets, food rations are likely to remain limited, and
families are encouraged and expected to provide supplemental
food and other personal items to their imprisoned relatives.
The Government recognizes this is a serious problem and has
begun a program of prison renovation.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Police officers are empowered to detain suspects without an
arrest warrant but must submit a written report to the public
prosecutor's office within 24 hours. The public prosecutor
examines the report and can either order the release of the
detainee or issue an arrest warrant valid for 5 days. The
public prosecutor then must state the charges before a
magistrate in the presence of the detainee. The magistrate
either releases the detainee or issues orders confirming the
detention, initially for 15 days and subsequently for 30-day
periods as necessary to prepare the case for trial. Bail is
set only in cases of embezzlement or similar crimes involving
financial wrongdoing.
Since the coup, the prescribed procedures for arrest and
imprisonment have been followed. Previously, the elapsed time
between an arrest and the notification of the public prosecutor
often extended to several days, and detainees did not always
appear before a magistrate within the allotted 5 days after
arrest. Relatives or consular representatives are almost
always made aware of arrests or detentions, generally at the
32
BURUNDI
time of incarceration, and detainees usually are permitted to
go to their homes prior to being brought to the place of
detention.
The Government does not exile its nationals. Citizens of
other countries suspected of criminal activity or lacking
proper residency documents are expelled. Forced or compulsory
labor is not permitted under current law, but most citizens
are expected to perform community service on Saturday mornings.
This last measure had caused serious problems during the Bagaza
era for Seventh-Day Adventists who are forbidden by their faith
from working on Saturday, their Sabbath. The Buyoya Government
has agreed to let the Adventists perform this service on
another day.
e. Denial of Fair Public Trial
The judiciary's independence is limited by the requirement to
adhere to the guidance and recommendations of the party, the
Government, and the President. Judges are appointed by and
serve at the pleasure of the President. Nevertheless, there
is a high degree of autonomy in the court's daily
administration of justice. Though court decisions cannot be
overturned by the executive branch, the President has the
power to pardon or reduce sentences.
Burundi has separate court systems to deal with military,
civil/criminal, and state security cases. Military tribunals
have jurisdiction only over military personnel. The State
Security Court has jurisdiction over both civilian and
military personnel, and its proceedings need not be made
public. To date, this Court has never been used. Burundi law
provides the right to counsel, and indigents are provided
defense counsel by the State. Pretrial proceedings may
involve lengthy investigations. The public prosecutor's
office generally dismisses cases where the evidence in support
of the charges is weak, and only proceeds to trial when it
believes guilt has been established. The courts are still
hampered by a lack of trained legal personnel and by heavy
case loads.
During the past 7 years, the Government has taken steps to
improve the judicial system, and the 1984 party congress
recommended additional judicial reforms. New courts have been
created, the number of magistrates has tripled, and training
seminars and conferences have been held.
Following the coup d'etat, all political prisoners or
political detainees in Burundi were released. Since then two
former Ministers in the Bagaza Government have been arrested
on criminal charges of corruption. This contrasts sharply
with the situation during the months immediately prior to the
coup, as Bagaza's security service arrested and detained ever
larger numbers of suspected dissidents, including Burundi's
former ambassador to the United Nations in Geneva. Amnesty
International, in its 1987 Report, estimated that there may
have been about 100 political prisoners held at any one cime
in 1986. These included several former ministers from
President Micombero's regime, who were being held for
criticizing the Government's religious policy.
33
BURUNDI
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The inviolability of private correspondence and of the home
are ensured in the Constitution and respected in practice. A
judicial warrant is required for a law enforcement official to
enter and search a private residence.
Membership in the major political party and its affiliated
organizations is open to all, but is not required. The State
Security Office monitors political dissent through the state
security police and by employing informers who report on
discontent and dissent as well as on criminal activity.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government controls all domestic print and broadcast
media. The French-language daily and Kirundi-language weekly
are published by the Ministry of Information, which also
operates the domestic radio and television stations. The
media have been required to support the fundamental policies
of the party and the Government. Some criticism of the
Government is permitted in the printed press, but journalists
are state employees and are subject to disciplinary action if
their criticism goes beyond what is considered tolerable. The
Government rarely interferes with the distribution of foreign
news publications and never interferes with radio reception
from foreign sources.
In the first months following the coup, there has been an
unprecedented outpouring of public debate and questioning on
formerly taboo subjects such as ethnic relations and official
corruption. Academic freedom has been limited in the past in
that primary and secondary school teachers were expected to
support government policies. It is not yet known whether this
will continue. At the university, professors come from many
different countries, both east and west, and are permitted to
lecture freely in their subject areas, conduct research, and
draw independent conclusions. Public censorship occurs only
in the case of sexually explicit foreign film material or
publications .
b. Freedom of Peaceful Assembly and Association
In the past, the express authorization of the Government was
required for all political meetings. This requirement
effectively guaranteed government control of all public forums
and limited association for political purposes to participation
in the party or its affiliated youth, labor, or women's
movements. This restriction has not been enforced since the
coup, but it is not yet known whether it will be withdrawn
officially.
The party controls the National Trade Union Confederation
(UTB) , and has institutionalized this single trade union
structure by means of legislation. The principal role of the
UTB, to which virtually the entire salaried work force
belongs, is to serve as an intermediary between workers and
employers in labor matters. The UTB arbitrates individual and
collective labor disputes and often forces employers to revise
their practices. Unauthorized advocacy of a strike or lockout
is a criminal offense. Therefore, though they are technically
permissible, there have been no strikes in recent years. The
34
BURUNDI
UTB participates in the International Labor Organization and
is a member of the Organization of African Trade Union Unity.
In 1986 the UTB held an extraordinary meeting to adopt its
statutes, and the proceedings were relatively democratic.
The Government permits nonpolitical private associations, but
requires that they be registered and accorded legal recognition
before they may function.
c. Freedom of Religion
Ex-President Bagaza saw organized religion as a threat to his
power and sought to diminish the role of the church in the
everyday life of the people. To accomplish this, he placed a
series of ever more repressive restrictions on where and when
people could worship. Further, there was an official, though
undeclared, policy of harassment against organized religion,
particularly the Catholic Church. This harassment took the
form of imprisoning a number of priests, nuns, and lay
officials, expelling or denying visa renewals for missionaries,
closing down churches, abolishing the office of catechist,
expropriating church schools and property, and engaging in a
vicious media campaign which accused the church of everything
from sowing ethnic discord to having Nazi sympathies. This
program was extremely unpopular with the Burundi people, and
President Buyoya and his Military Committee have acted quickly
to remove many of the most serious restrictions. Specifically,
Buyoya has freed all religious prisoners (along with the
political prisoners), reopened the closed churches, authorized
weekday masses, reinstituted the catechists, and stated that
Catholic seminaries and the "Yaga-Mukama" literacy/catechism
classes may be reestablished. Further, the church will be
permitted to make radio broadcasts and publish newspapers and
books. Several other issues, such as the disposition of
confiscated property and the return of former missionaries,
are currently the subject of discussions between church
leaders and the Government.
Although these reforms will restore the church to a key role
in the development of the country, religious expression in
Burundi continues to be carefully restricted by civil laws and
regulations. The Burundi Government believes religious
organizations must be subject to the same sorts of rules and
restrictions which apply to secular organizations. All
religious associations must receive approval from the
Government to operate in Burundi and are expected not to
engage in political activity critical of the regime in power.
The legal representative of each religious sect must be a
Burundi citizen.
During the Bagaza regime, two religions, the Seventh-Day
Adventists and the Jehovah's Witnesses, were banned. However,
an international delegation of Seventh-Day Adventists has been
told by the Minister of Interior that the Adventists will be
allowed to reorganize. The previous problem relating to the
Adventists" refusal to do Saturday work has been resolved by a
mutual agreement that the Adventists will perform their
community service on some other day. The Jehovah's Witnesses
have not yet requested to be reinstated as a recognized
religion, so it is not yet known whether they will be allowed
to reestablish themselves in Burundi.
There are no barriers to the maintenance of links with
coreligionists in other countries. Religious beliefs do not
35
BURUNDI
exclude people from participation in the party or from
receiving social benefits.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Mo
i-.wvement is generally free within Burundi, although government
policies discourage urban migration. Foreign travel and
emigration are relatively free. Prospective Burundi travelers
must have exit visas as well as passports. In the past, some
foreigners applying for exit visas were required to prove they
had no outstanding debts. During 1987 until the coup d'etat,
many missionaries and other long-time foreign residents were
denied the renewal of their residence permits. The Buyoya
regime has reversed this trend and renewed the permits of
several residents and missionaries previously threatened with
expulsion.
The Government has cooperated closely with the office of the
United Nations High Commissioner for Refugees (UNHCR) .
Burundi claims to shelter 262,000 refugees, but most are
long-time residents who now are well assimilated. The UNHCR
estimates that there are approximately 70,000 refugees,
primarily Tutsis of Rwandan origin who fled to Burundi in the
1960*s. Many are well integrated in Burundi, although they
may acquire citizenship only through marriage to a Burundi
citizen. During 1987 increasing numbers of Rwandan and other
refugees lost their jobs when they were replaced by Burundi
citizens of matching qualifications, despite the provision in
Burundi law granting refugees the right to work. In July
1987, the Ministry of Interior declared that any refugee
holding a job would be allowed to keep it, and any unemployed
refugee could fill jobs for which there were no qualified
Burundi. The Government periodically repatriates Rwandan
nationals who lack residence permits or who have been arrested
on suspicion of criminal activities. Refugees who fled from
Burundi in the 1970's and earlier continue to return and have
full rights as citizens. Some 5,000 Burundi who were
repatriated forcibly from Tanzania in April 1987 were welcomed
and given materials to reestablish themselves in less
populated areas.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Burundi citizens do not have the right to change their
government. Political participation can take place only
within the one-party structure, and voters can express
dissatisfaction only by voting against incumbents. The party
is open to all Burundi supporting its principles and claims a
membership of approximately 1.4 million, over three-quarters
of the adult population. The party regularly holds local and
regional meetings, where party members discuss issues and make
recommendations. While there are multiple candidates for
party positions, balloting is not secret.
Since September 1987, the 31-member Military Committee for
National Salvation (MCNS) is the supreme body of the nation,
charged with directing policies and government decisions.
Most executive decisions are taken by the 10-member Executive
Committee of the MCNS. The President has indicated that the
Military Committee will rule until civilian government
institutions, presumably including the National Assembly, are
reconstituted. The President has been invested by the
36
BURUNDI
Military Committee with legislative and regulatory authority,
executing this authority within the guidelines decided by the
committee .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Buyoya Government has cited the Bagaza regime's abuse of
human rights as one of the reasons for its overthrow. It has
pledged to protect the rights of all Burundi citizens and to
work with humanitarian organizations, including permitting
regular ICRC prison visits in the future. In 1986 the Bagaza
regime authorized the ICRC to schedule periodic visits to
prisons, and visits were made. The scheduled visit for August
1987 was postponed without explanation, but shortly thereafter
it was revealed that Burundi prisons were holding a greatly
increased number of political prisoners. The Bagaza Government
permitted Amnesty International to visit Burundi in 1987.
Burundi is a party to several United Nations instruments on
human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The minority Tutsi have for centuries dominated the majority
Hutu. Civil strife in 1972, which culminated in government
sanctioned massacres, resulted in the deaths of around 150,000
Hutu and caused another 200,000 to flee to neighboring Rwanda
and Tanzania. During the Second Republic beginning in 1976,
the level of ethnic tension markedly declined, and Tutsi-Hutu
tensions are not believed to have played a role in the
downfall of the Bagaza regime. Thousands of Hutu refugees
have returned to Burundi over the past several years. While
the Government is far from representative of the Burundi
population as a whole (85 percent Hutu, 14 percent Tutsi, and
1 percent other), Buyoya has appointed Hutus to all levels of
government, including 7 to his 20-member Cabinet, and 6 out of
15 provincial governors.
Intermarriage also has contributed to a blurring of ethnic
distinctions. The low level of economic development in rural
areas affects both Tutsi and Hutu, making the difference in
economic status between the two groups scarcely discernible in
the countryside. However, because of their longstanding
dominance of the government and access to education, the Tutsi
predominate in the modern economic sector. The military
remains under Tutsi control, and Tutsi dominance is expected
to continue under Buyoya ' s rule. Nevertheless, there is no
evidence that Hutus are denied equal protection under the law.
Women in society hold a secondary position, although their
status is undergoing considerable change from traditional
patterns. The suspended Constitution provided for legal
equality. The current legal code prohibits polygamy and a
dowry requirement, allows women some control over family
matters, and provides for land inheritance by women. Although
fewer women than men obtain a formal education, once a degree
is attained women can generally find suitable employment. The
Government has not discriminated against women in hiring.
Women are represented at all levels in the political life of
the country, including two in the Buyoya Cabinet. Their main
vehicle of political expression is the Burundi Women's Union
which is affiliated with the party. The party remains
dominated by males.
37
BURUNDI
CONDITIONS OF LABOR
More than 90 percent of the population of Burundi are
subsistence farmers. Some increased monetization of the
economy is occurring with the increase in coffee and tea
production. Worker rights are guaranteed by the Burundi labor
code and by the National Collective Interprofessional Labor
Convention, but these rights have relevance primarily for
workers in the small wage sector of the economy. Working
hours vary between 40 and 45 hours per week; Saturday
afternoons, Sundays, and holidays are times of rest. Children
under the age of 12 may not be employed in any capacity, nor
may children under the age of 16 be engaged in dangerous or
strenuous work. But, as a practical matter, many children are
obliged by custom and circumstance to help their families in
subsistence agriculture. In the modern economic sector,
minimum health and safety standards are monitored by the
Ministry of Labor, but enforcement of these standards is
limited, in part due to the lack of inspectors.
Burundi has a high population growth rate. The number of
available workers for salaried jobs far exceeds demand. As a
result, labor costs are low. The established minimum wage of
approximately $1.12 per day is barely adequate to provide a
decent living for workers and families. Wages are higher in
the few private sector businesses.
CAMEROON
Political power in Cameroon is heavily concentrated in the
presidency. The President appoints all government and party
officials and makes all major decisions, although key
parliamentarians in the National Assembly and others have some
behind-the-scenes influence. Cameroon had an active multiparty
system when it became independent, but under former President
Ahidjo, all parties were gradually consolidated into the
Cameroon National Union, renamed in 1985 under President Paul
Biya the Cameroon People's Democratic Movement (CPDM) . Biya
began a policy of democratizing the party structure in 1987 at
the grass roots in preparation for multiple candidate municipal
elections in 1987 and multiple candidate legislative elections
in 1988.
Internal security responsibilities are shared by the National
Police (Surete National), the National Intelligence Service
(Centre National Pour les Etudes et Recherche, CENER) , the
Ministry of Territorial Administration, Military Intelligence,
and, to a lesser extent, the Presidential Security Service.
The Ministry of Territorial Administration is in charge of
prisons, and the National Police has the dominant role in
enforcing internal security laws. The CENER and the military
are still involved in both those functions, but to a lesser
degree.
Cameroon's economy remains strong, with a per capita gross
domestic product ($1,130 in 1986) that places Cameroon among
the middle-income developing countries. Nonetheless, it
remains plagued by many problems of underdevelopment and its
economy declined in 1987 as revenues from oil and other raw
material exports fell. Cameroon's diversified agricultural
base and the Government's conservative economic policies
should help the country weather declining terms of trade and
other external difficulties.
During the 22 years of President Ahidjo's rule, Cameroon's
diversity and the armed violence in some parts of the country
were used to justify authoritarian control and harsh
restrictions on civil liberties. In contrast, under President
Biya the human rights environment has improved, but this
progress was marred by two incidents in 1987 in which
officials of the Cameroon Tribune, the Government's
francophone daily, were detained. In both instances, the
detainees were reportedly released by order of President
Biya. By most estimates, 10 to 20 political detainees,
holdovers from the arrests that followed the attempted 1984
coup, remain in custody.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, including
Freedom from:
a. Political Killing
There were no reports of political killing.
b. Disappearance
There were no reports of disappearance.
39
CAMEROON
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is proscribed by the criminal code, which renders
evidence obtained by torture inadmissible. In addition, the
penal code prohibits public servants from using force against
any person. However, very poor prison conditions, including
inadequate food and sanitation, and limited medical facilities
remain problems. Prisoners have reportedly suffered from
severe malnutrition unless provided food by friends or
families. Persons under "administrative detention" (i.e.,
political detainees) are kept in special camps or prisons.
Access to the administrative detention centers by families and
friends is severely restricted.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under Cameroonian law, a person arrested on suspicion of
committing an offense may not be held more than 48 hours
without a court order. This provision is generally observed.
However, after an investigating magistrate has determined that
the case should be brought to trial and has issued a warrant
to that effect, there is no limitation on how long the detainee
may be held in "preventive detention" pending trial. Accused
persons awaiting trial constitute the majority of persons in
the prisons at Yaounde and Douala. Release on bail is
infrequent. The CENER does not bring its detainees before
magistrates for investigation, as is the norm under the penal
code.
Persons may be held in administrative detention under
legislation pertaining to subversion. The penal code defines
detention as the "loss of liberty for a political felony or
misdemeanor." Such detention by regional authorities is
initially for 1 month, renewable twice, and may be extended up
to an additional 6 months by the Minister of Territorial
Administration. Generally, those arrested and placed in
administrative detention do not disappear--their families are
told where they are, and they are eventually released,
although the detention may be lengthy. Political detainees,
10 to 20 of whom are currently estimated to be in custody, are
usually held under this type of detention. Under state of
emergency provisions, authorities may also order detention for
up to 1 week for persons judged "dangerous to public security."
The Minister of Territorial Administration may also order
detention of such persons for up to 2 months; the order is
renewable without limitation. The state of emergency
provisions were not used in 1987.
Local police occasionally harass citizens and threaten to
detain them unless bribes are paid. These actions are not
condoned by high government officials and have been sharply
criticized by the President. In October 1987, the Secretary
of State for Internal Security publicly reminded police that
they must not become criminals in enforcing the law and they
must enforce it fairly.
There are no reports of forced labor being practiced in
Cameroon.
e. Denial of Fair Trial
Trial by a presiding magistrate is guaranteed by law, and this
practice is followed with the exception of persons held under
administrative detention. Public trials are also guaranteed
40
CAMEROON
by law, although exceptions are allowed for the public good or
national security reasons. Trials which involve prominent
persons or which are controversial are sometimes held in
private. Magistrates in Cameroon are a corps of career civil
servants responsible to the Minister of Justice and are
required to have law degrees. Their decisions are generally
not subject to government interference, and they are usually
considered to conduct fair trials. There was an instance in
1987, however, in which a magistrate was apparently the object
of a retaliatory transfer after rendering a civil judgment
against the Government. Defendants in felony cases are
provided attorneys if they cannot afford one.
Crimes involving subversion or illegal use of weapons, as well
as crimes involving the military, are tried by military
tribunal. Each tribunal has three members, and its presiding
officer must be a magistrate and often is a military officer.
As in civil cases, defendants are entitled to either public or
private counsel.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Both invasions of the home and tampering with correspondence
are violations of Cameroonian law. However, there are reports
that police enter homes without warrants during periodic
searches for criminals in low-income neighborhoods. Police
officials also sometimes enter homes and demand to see
receipts for household property as a customs law enforcement
measure. Surveillance of suspected political dissidents,
including monitoring of mail and of telephone conversations,
is also common.
Section 2 Respect for Civil Liberties, including:
a. Freedom of Speech and Press
The Constitution of 1972 provides for the freedom of expression
and press, but under Cameroonian law and practice these
freedoms are restricted. No written ground rules exist, and
the private press must submit each issue for censorship to see
what is deemed acceptable and what is not. There is no
evidence that anyone is punished for privately criticizing the
Government, and freedom of public discussion exists to a degree
that was unknown during the Ahidjo era. The private press
continues to flourish, with close to 20 newspapers publishing
on a regular schedule.
Although no newspapers were closed during 1987, several
incidents impinged upon the freedom of the Cameroonian press.
In December 1986, the Minister of Justice criticized the press
for considering itself a fourth branch of government,
emphasized the need for state controls over the press, and
warned of severe sanctions in the event of press misbehavior.
In January 1987, two senior officials of the Cameroon Tribune,
the government francophone journal, were arrested after the
unauthorized publication of a presidential decree; the
journalists were released over 1 month later but were
subsequently fired. In March, three officials of the Cameroon
Tribune were detained and interrogated by the CENER, Cameroon's
security service, following the publication of an article
about a conference on political literature held at the
National University of Cameroon in Yaounde. In addition to
the journalists, two academic participants were arrested and
interrogated at the same time. As was the case in the earlier
41
CAMEROON
incident. President Biya ordered the five detainees released
when he learned of the arrests upon his return to Cameroon
from a trip abroad.
There has been increased editorial comment in the
government-controlled press and radio, although the official
journalists, bound by rules governing the behavior of civil
servants, enjoy much less latitude than do their private
counterparts. Most official journalists are civil servants
and can be transferred to less desirable jobs if they do not
censor their own reporting. Cameroonian television has been
on the air since December 1985, and although the television
journalists seem to have more leeway to tackle sensitive
social issues and governmental corruption, they, like their
print and radio counterparts, practice self-censorship on
controversial political issues.
In past years, issues of international publications have been
seized because they contained articles about Cameroon which
the Government considered inflammatory or defamatory.
b. Freedom of Peaceful Assembly and Association
The freedoms of assembly and association, while provided for
in the Constitution, are restricted in practice and in law.
The Cameroonian penal code prohibits public meetings,
demonstrations, or processions without prior government
approval, and organizations must register with the Government.
The sole labor union, the Organization of Cameroonian Workers
Union (OCWU) , operates within the framework of the official
political party, and the top union leadership is chosen by the
Government. Pursuant to its policy of democratization, the
OCWU permitted multiple candidates in the worker delegate
elections in November, but OCWU retained the right to approve
candidacies in advance. The union does not play a major role
in Cameroonian politics, although it has a membership of
approximately 450,000 workers in a working population of more
than 3 million. It pursues individual worker grievances and
seeks improvements in government programs for worker safety
and training.
The OCWU participates in government-regulated labor
negotiations, but strikes are illegal. Political activity by
the trade union, excepting action designed to protect economic
and other interests, is prohibited. The union maintains
contact with foreign trade union organizations, notably the
African-American Labor Center, but such contact reguires
government authorization. Cameroon is a member of the
International Labor Organization (ILO), and rank and file
union members comprise the labor component of the Cameroonian
delegation to its meetings. The union is also a member of the
Organization of African Trade Union Unity.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and is
generally respected. In order for a religious group to exist
and function legally, it must be approved and registered with
the Ministry of Territorial Administration. On at least one
occasion, the Ministry rejected an application from a small
religious group on the ground that it was too nearly identical
to an existing group. Roughly 20 percent of Cameroonians are
Muslim, 30 percent Christian, and the rest animist. Officials
of the Government and party are drawn from members of all
42
CAMEROON
denominations. Missionaries played a major role in the
development of Cameroon and continue to be active.
However, the Jehovah's Witnesses, who do not acknowledge the
supremacy of the state, were banned in 1970 and periodically
have been targets of harassment since then, including
imprisonment. In the most recent incident, a Jehovah's
Witness, Augustine Kong, was reportedly sentenced to 2 years'
imprisonment in June in an illegal border crossing case.
Amnesty International, in its 1987 report (covering 1986)
mentioned several specific cases involving the arrest of
Jehovah's Witnesses, e.g., Andre Beygue Yakana, who was
arrested in 1984 for attending an unofficial religious service
in his home. Amnesty International adopted Yakana as a
prisoner of conscience.
Observance of traditional religions is not discouraged by the
Government, although acts of witchcraft, magic, or divination
"liable to disrupt public order or tranquility, or to harm
persons or property" are outlawed with penalties of up to 10
years' imprisonment.
Independent Muslim and Christian publications exist in
Cameroon, and there is no evidence that they are censored more
heavily than the secular press. The exception, again, is the
Jehovah's Witnesses, who are not allowed to publish or
distribute their religious materials.
d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within the country is not restricted by
law. In practice, however, police frequently stop travelers
to check identification documents as a security and immigration
control measure. Exit visas are required to leave the country
and sometimes are obtainable only after long bureaucratic
delays. In some cases, these delays may represent attempts by
the Government to discourage or even prevent departure. The
Government has also been known to refuse issuance of a
passport, or to confiscate an already issued passport, in
order to prevent someone from traveling abroad. Cameroonians
who leave the country must deposit sums sufficient to buy a
return air ticket for repatriation should they become stranded
abroad. There are no restrictions on voluntary repatriation.
Women must obtain the permission of their husbands or fathers
to leave the country.
Over the years, Cameroon has served as a safehaven for
thousands of displaced persons and refugees. The Government
currently acknowledges the presence of approximately 50,000
Chadians in Cameroon, some 7,500 of whom have been recognized
by the United Nations High Commissioner for Refugees (UNHCR)
as political refugees and are living at the UNHCR camp at Poli.
The remaining Chadians have integrated into the Cameroonian
economy and do not receive government or international
assistance. Cameroon is also host to refugees from South
Africa, Zaire, Angola, and other African nations, and there
are approximately 100 Namibians in Cameroon as students.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Cameroon continues to be a one-party state with political
power and administrative responsibility concentrated in the
presidency. While the Constitution implies the legality of
43
CAMEROON
other political parties, in fact, only one party, the CPDM, is
currently permitted, and therefore citizens cannot change the
party in power through the electoral process. On June 26,
1986, the Cameroon Supreme Court ruled against the latest
attempt by Dr. Joseph Sende to gain legal recognition for the
Union des Populations du Cameroun (UPC), the second time under
the Biya Government that the Supreme Court rejected Sende * s
plea. As before, the Court denied Sende on the ground that he
is an active member of the CPDM. No one attempted to gain
legal recognition of a second political party in 1987.
Although the election law theoretically permits multiple
candidates for the presidency. President Biya ran unopposed in
the January 1984 elections and received 99.98 percent of the
votes. The President appoints all governors, prefects, and
cabinet ministers.
Cameroon's political system is a product of the country's
ethnic and linguistic diversity, which includes some 230
languages and 3 separate European traditions (French, British,
and German). Both French and English are official languages,
although some Anglophones allege political discrimination by
the majority Francophones. A careful balancing act, within
the one party, is required to maintain political cohesion.
Membership in the CPDM is open to all religious and ethnic
groups. While the party remains essentially a centrally
controlled organization, it is gradually broadening itself
pursuant to the program adopted by the 1985 CPDM Congress.
Local party meetings held throughout the country in 1986 were
aimed at encouraging the use of the party for two-way
communication between the people and the Government. The
first open municipal elections with multiple candidacies were
held on October 25, 1987, and a 1987 law provides for multiple
candidacies for the 1988 National Assembly elections as well.
Externally based dissident groups, including the Union des
Populations du Cameroun (Francophone) and the Cameroon
Democratic Party (Anglophone), periodically send letters or
pamphlets into the country. The Government attempts to seize
these documents when they arrive. A number of former UPC
members are now active in the CPDM.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Under President Biya, the Government has given increased
attention to human rights issues, both internally as a part of
President Biya's program of "democratization" and in public
statements in forums such as the United Nations.
The Government of Cameroon does not publicly acknowledge or
respond to investigations of alleged violations of human
rights by nongovernmental organizations (e.g.. Amnesty
International) .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Access to the Government's social programs is open to all
Cameroonian citizens on a nondiscriminatory basis. Girls made
up 45.5 percent of elementary students in 1984-85, the last
school year for which statistics are available. Women are
underprivileged, both in access to higher education and in
terms of professional opportunities. Girls from the southern
part of the country, although disadvantaged at the secondary
44
CAMEROON
education level when compared with boys from the same areas;
have a considerable educational lead over girls and boys from
the eastern and northern provinces. One of the goals of the
sixth 5-year plan for economic, social, and cultural
development is to improve educational opportunities for women.
Women are promised equal rights under the Constitution and are
politically active in the party and the sole labor union. The
women's wing of the party has developed programs aimed at
encouraging the economic and social productivity of
Cameroonian women. Women are represented in the modern
sector, although not proportionately in the upper levels of
administration and in the professions. There are some women
in the armed forces. There are currently five women in
President Biya's Government but no women governors or prefects,
As a result of the 1983 legislative elections, the percentage
of women in the National Assembly increased from 10 to 14.
CONDITIONS OF LABOR
The Cameroonian National Labor Code sets the minimum working
age at 14, the minimum annual paid vacation at 18 days, and
the legal workweek at 40 hours for nonagricultural employees
and up to 48 hours per week for agricultural workers. In
order to make room for younger workers, civil servants are
being encouraged to retire upon reaching the minimum
retirement age of 55. Minimum monthly wages are set by the
Government for all public and private sector jobs. Wage rates
are based on geographic zones, types of industry, and
qualifications of workers and length of service. The lowest
wages are insufficient to support a family but, in most cases,
they are supplemented by a second job or another family
member's earnings. Workers with middle-range wages are also
likely to need second incomes to support a family, especially
in Yaounde and Douala. Because of Cameroon's relatively
healthy economy, workers have opportunities to supplement
their wages with second jobs. Occupational health and safety
is mandated by law, based on ILO standards. In theory, these
standards are enforced by inspectors of the Ministry of Labor,
but they lack the means for effective enforcement.
45
CAPE VERDE
Cape Verde is ruled by the African Party for the Independence
of Cape Verde (PAICV), the country's sole political party,
under the leadership of President Aristides Pereira. Most
government ministers are also senior members of the party, and
many of them were leaders of the revolutionary movement to
free Cape Verde from Portuguese rule. The PAICV is officially
open to anyone wishing to join, and membership, about 4 percent
of the voting population, has doubled in the 11 years since
independence. The Constitution adopted in 1980 declares the
party "the supreme expression of the interests of the popular
masses." Members of the Popular National Assembly, which is
formally the supreme organ of the State, are elected from a
slate of candidates which is proposed to the electorate by the
party. The Assembly selects the President, who, as Head of
State, proposes the Prime Minister to the Assembly. While the
Assembly does not reverse government/party decisions, deputies
debate issues openly, and critical views are often reported in
the media.
Security responsibilities, which had been divided between the
military, the security, and police forces, were combined into
a single government department in February 1986. The
reorganized Ministry of Defense and Security operates under
guidelines and leadership approved by the party.
Cape Verde has few natural resources, and for years Cape
Verdeans have emigrated to improve their economic condition.
(Over 350,000 live abroad.) Cape Verde's development efforts
for its population of 320,000 have been further hindered by a
19-year drought which has severely affected employment
possibilities for the rural population and seriously diminished
water supplies. Nonetheless, there has been no starvation
since independence, which can be attributed to generous
foreign assistance, remittances from Cape Verdean emigrants,
and efficient management by the Government. Heavy summer
rains in 1987 may signal the end of the drought and hold the
promise of improvements in the agricultural sector. The
Government is the largest nonagr icultural employer. It
controls banking, the import of most basic commodities,
airlines, the press, and schools. Private property rights are
respected. There is a substantial and growing private sector
which includes shops, hotels, farms, fishing, small industries
(such as tuna canning), and the professions.
Human rights were generally respected in Cape Verde during
1987. However, there were unsubstantiated allegations of
certain human rights abuses, including the use of temporary
detention to suppress antigovernment views in a series of
articles in a Catholic monthly newspaper. The beating death
of a young man while in police detention was reported in
November. Responsible police officials were relieved of their
duties and detained to be tried.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported instances of politically motivated
deaths .
46
CAPE VERDE
b. Disappearance
There were no reported instances of officially inspired
disappearances .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In November a young man was beaten to death while in detention
in a local jail on Brava Island. The government press made a
full report of the incident, and the policeman responsible,
along with his superior officer, was put under detention to be
tried according to the law. There was no other evidence of
torture or other cruel and unusual punishment of prisoners and
detainees, although unsubstantiated allegations of
"concentration-camp conditions" in prisons appeared in a local
monthly newspaper. Conditions in prisons are indeed poor and
detention facilities antiquated, except in Praia where a new
prison facility was recently completed. Cape Verde is the
only country in Africa where capital punishment has been
outlawed.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Some reports surfaced during 1987 of persons being detained
and tried for the expression of views critical of or different
from those of the Government. In all known cases, such persons
were charged with disturbing the peace or demonstrating without
permission. Jail sentences in these instances were waived or
very light.
Cape Verde law requires that an accused person, unless caught
in the act of committing a crime, be brought before a judge to
be charged within 48 hours of arrest. In exceptional cases,
with the concurrence of a court official, the formal charge
process may be delayed, but it still must take place within 5
days of arrest. For crimes against state security, however,
persons may be detained for up to 5 months without trial upon
a judge's ruling. There is a functioning system of bail, and
everyone is entitled to representation by an attorney in civil
or criminal cases. Those unable to afford legal counsel are
represented by lawyers named by the state-run Lawyers'
Association.
There were no known instances of forced exile for political or
other reasons. Forced labor is not practiced.
e. Denial of Fair Public Trial
There are no known political prisoners.
The judicial system is composed of a Supreme Court, whose
members are appointed by the Government, regional courts, and
local popular courts. Trials are conducted by one judge
without a jury. The autonomous Institute for Judiciary
Support, to which all private lawyers belong, provides counsel
for defendants in cases of need. Trials appear to be handled
expeditiously, and most evidence suggests that the courts
protect individual rights in criminal cases. Verdicts can be
appealed.
The popular tribunals adjudicate minor disputes on a local
level in rural areas. The "judges," who are appointees of the
Ministry of Justice, are usually prominent local citizens
47
CAPE VERDE
without legal training. Their decisions can be appealed
within the regular court system.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution recognizes citizens' rights to the
inviolability of domicile, correspondence, and other means of
communication. The law requires warrants issued by a judge
before searches of homes may be conducted. There were no
known cases of arbitrary interference with privacy, family,
home, or correspondence during 1987. The Constitution also
contains the provision that every citizen has the right and
the duty to participate in the political, economic, and
cultural life of the country. This provision theoretically
could be used to force a person's participation in activities
against his or her will. In practice, there is no evidence to
suggest that this provision has been so used.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution proclaims freedom of speech and intellectual
creativity, including the rights of authorship, but it also
stipulates that none of these rights and freedoms may be
exercised "contrary to national unity." While freedom of the
press is not a specific constitutional guarantee, a law
adopted in December 1985 assures citizens the right to express
their thoughts in the press, but at the same time the party
underlined that this right should be exercised responsibly.
The weekly newspaper, radio, and television are government
owned and follow government policies. Occasional articles
critical of some aspects of government policy are printed or
broadcast, but this is probably done with prior authorization
from the Government. Local radio broadcasts carry items from
Western agencies as well as from Communist countries, generally
balancing coverage and identifying sources on controversial
international issues.
The Catholic Church's monthly newspaper, which has carried
criticism of some aspects of life in Cape Verde, is tolerated
without interference as long as its articles are not viewed as
a threat to the Government. On occasion, the editor and
contributors have been called before tribunals to explain their
articles. There were no reprisals against the newspaper for
its series of articles on human rights abuses.
Foreign periodicals generally circulate freely in Cape Verde
even when they contain articles critical of or unflattering to
the Government, as is sometimes the case with Portuguese
newspapers. International radio broadcasts are received
clearly without interference. Almost all movies shown are
nonpolitical in content, and some are occasionally censored on
moral grounds.
b. Freedom of Peaceful Assembly and Association
The freedom to meet, to associate freely, and to demonstrate
is provided for in the Constitution. As a practical matter,
however, no organizations opposed to the Government or its
policies are permitted. Private associations other than
sports clubs or religious youth groups do not exist. The
establishment of such associations would be subject to
48
CAPE VERDE
government authorization. Party-sponsored "mass organizations"
of women and youth are prominent.
Demonstrations occurred in 1987, supported in part by the
Catholic Church, protesting such things as new abortion
legislation and educational reforms. Several small rallies by
students and unemployed youth in Cape Verde's second largest
city also occurred. Some participants in these demonstrations
were arrested and charged with disturbing the peace and
demonstrating without permission. They were subsequently
released or given light jail sentences.
Workers in several sectors are organized into unions within
the National Union Confederation (NUC) . The Confederation is
affiliated with the PAICV and headed by a high-ranking party
member. About one-third of the active work force are nominal
members. Individual unions perform some traditional trade
union functions and act also as party affiliates. There is no
reference to strikes or the right to strike in the Constitution
or in any legislation. In the absence of any legal prohibition
against strikes, the NUC believes that the right to strike
exists, but it has never been exercised. Union leadership has
taken positions on specific issues in opposition to government
policies in state enterprises. The NUC participates in the
International Labor Organization and is affiliated with the
Organization of African Trade Union Unity, but has not taken
positions independent of those officially sanctioned by the
Government. It maintains contact with and receives assistance
from both Communist and non-Communist national unions abroad.
c. Freedom of Religion
The Constitution requires separation of church and state.
Freedom of worship is respected by the Government, and members
of all faiths practice their religion without harassment. At
least two-thirds of the population, probably including most of
the government leadership, are nominally Catholic, but the
dominance of Catholicism does not appear to affect adversely
other faiths. Evangelical Protestants and Seventh-Day
Adventists are the two other principal religious communities.
At least two faiths, the Baha'i and "Christian Rationalism,"
which were formally banned or suppressed under the Portuguese,
have been permitted to reestablish themselves and operate
freely since independence. There are no restrictions on
religious practices, teaching, or contacts with coreligionists
outside Cape Verde. The Catholic Church, for example, openly
opposes birth control methods which are advocated and
supported by the Government. A few foreign missionaries are
active in Cape Verde, and more than half the Catholic clergy
are non-Cape Verdeans.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no extraordinary legal or administrative restrictions
on either travel or residence within the country. All resident
Cape Verdeans wishing to leave the country, either temporarily
or permanently, must obtain exit permission from the
Government. Such permission has not been denied for political
reasons. Emigration has long been an important and recognized
escape valve from prevailing harsh economic conditions. The
Government goes to considerable effort to maintain close
contact with emigre communities and provides every opportunity
for Cape Verdeans living abroad to maintain their ties with
49
CAPE VERDE
the homeland, including making provision to vote in elections.
Repatriation is a constitutional right, and the Government
does not discourage intending repatriates.
The law allows for revocation of citizenship on several
grounds, including activities contrary to the interest of the
country. However, there are no known cases of the Government
instituting proceedings to deprive persons of citizenship for
political reasons.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The party's monopoly of power in Cape Verde is inscribed in
the Constitution. Opposition parties are illegal and do not
exist. Therefore, citizens are unable to change the one-party
political system through democratic means. The small group of
men who actually led the struggle for independence occupy
positions of leadership in both the party and the Government.
The Secretary General of the party is President of the
Republic, the Deputy Secretary General is Prime Minister, and
the third-ranking party official is President of the National
Assembly. Five other members of the party's Political
Commission are also Ministers. Not all ministers or
secretaries of state are party members, but all clearly serve
at the pleasure of the party.
Current party membership is about 6,000, which is about
4 percent of the total adult population and represents a
doubling in size since independence in 1975. Within this
elitist party, there exists a modest scope for meaningful
political activity. The delegates to the Second Party
Congress in 1983, and the leadership itself, were elected by
secret ballot with some unexpected changes in the order of
precedence for various ministers. The party leadership also
made an obvious effort to give women and persons with less
solid revolutionary credentials more prominent roles.
However, women, who comprise 14 percent of the total party
membership, remain underrepresented. The party membership is
young (47 percent under 30 years of age), disproportionately
urban (50 percent in a nation which is two-thirds rural), and
heavily representative of the bureaucracy (25 percent of party
members are civil servants or employees of state enterprises).
National Assembly elections were last held in December 1985.
A single slate of candidates, all of whom were either party
members or nominees with party approval, was presented to
voters. The final list of candidates was selected after three
stages of local consultations, during which as many as four
candidates--not necessarily party members--were discussed for
each seat. As a result of this winnowing process, several
prominent nonparty candidates won party approval and election
to the Assembly. Twice-yearly Assembly sessions serve to
ratify earlier party/government decisions, but issues are
debated openly with critical interventions reported in the
media, and voting on these issues is far from unanimous.
Motions introduced by the Government are not always adopted.
Deputies criticize government policies and decisions, but
policy decisions already made by the Council of Ministers are
not reversed.
50
CAPE VERDE
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government in the past has permitted visits by private
organizations to investigate conditions of persons convicted
for political or related offenses. There are no known
instances in which the Government has been the subject of
resolutions, investigations, or other human rights actions by
official international organizations. Allegations of human
rights abuses have been made by a few Cape Verdeans living
abroad and by a locally published Catholic newspaper, but no
violations have ever been proved. There are no known official
or nongovernmental human rights organizations in the country,
although the Lawyers' Association for the Provision of
Judicial Support performs some of the functions of such an
organization .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The country has made substantial strides in providing health
care, education, and other services to the population. Racial
discrimination is not a problem in Cape Verde, where the vast
majority of the population shares various proportions of
Portuguese and African ancestry. Sex discrimination exists,
although it is banned by the Constitution. Many traditional
male-oriented values of the Portuguese and African ancestors
of today's Cape Verdeans are still part of the country's
culture. The Code of the Family, enacted in October 1981,
prescribes the full equality of men and women in law, including
equal pay for equal work, but in practice women have been
customarily excluded from certain types of employment and are
often paid less than men. Both the Government and the party
are making efforts to bring women into various economic and
social activities where they have been traditionally absent.
The Government has included women in the labor-intensive
economic development projects financed by foreign grants. The
Organization of Cape Verdean Women was founded in 1980, with
party encouragement, to sensitize the Government and Cape
Verdeans in general to issues affecting women.
CONDITIONS OF LABOR
Minimum wages are established by the Government for both civil
servants and private enterprises. As of January 1, 1987, the
minimum wage for civil servants was approximately $84 per
month. Wages for unskilled workers are considerably lower,
and in rural areas the daily minimum for the least skilled
types of labor is about $1.62 per day. The minimum age for
employment is 14, and children under 16 are prohibited from
working at night, more than 7 hours per day, or in
establishments where toxic products are used. All enterprises
submit a yearly report to the Director General of Labor with
information on salary and ages of each employee. This
provides the Government with a vehicle for controlling
employment practices. There does not appear to be an overall
safety and health code, although some regulations exist in
this area. The normal workweek for adults is 44 hours over
5-1/2 days. A worker is entitled to at least 1 free day per
week. These regulations seem to be respected in practice.
51
CENTRAL AFRICAN REPUBLIC
General Andre Dieudonne Kolingba has headed the Government
since his accession to power in a bloodless coup on September
1, 1981. He holds all political power and is the final
arbiter on all government matters, but he has permitted some
increased popular participation in the political process,
particularly on local questions. In 1986 President Kolingba
announced plans for the creation of a single national
political party--the Central African Democratic Assembly
(RDC) . Later that year, he introduced a new Constitution
which was subsequently approved in a national referendum on
November 21, 1986. He was also elected to a 6-year term as
President in that vote. The new Constitution provides for a
bicameral Parliament which includes a National Assembly and an
Economic and Regional Council, representing the principal
economic and regional sectors of the country. General
elections were held on July 31, 1987 for the 52 seats in the
National Assembly. One-half of the delegates of the Economic
and Regional Council will be selected by the President, while
the other half will be elected by the members of the National
Assembly.
The Minister of Interior is in charge of the civilian police
force (gendarmerie). These police normally man barriers on
the major roads and keep records of the movement of vehicles.
The Presidency has its own security force, which has
collateral responsibility with the border police for airport
security. The Ministry of Defense also has a military police
force (gendarmarie national), in addition to the armed forces
which number about 3,800 soldiers.
The Central African Republic is a poor, landlocked, and
sparsely populated country. Most of its inhabitants derive
their livelihood from subsistence agriculture. Only about 1
percent of the population is university educated. The
essentially free enterprise, agrarian economy, one of the
world's least monetized, has suffered in the past from
inadequately coordinated and implemented government policies,
occasional drought, and a poorly trained work force.
Expatriates dominate the small manufacturing and commercial
sectors of the economy.
There was some improvement in the human rights situation in
1987. In particular, the 7-month trial of former emperor
Jean-Bedel Bokassa in a civilian court dominated the 1987
headlines. Bokassa, who received the death sentence, had four
defense lawyers--two Central African and two French--and was
given ample time for preparing his defense, calling and
cross-examining witnesses, and presenting his version of
events in open sessions. The trial was fully reported in the
local news media, including full television replays each
evening, and in the international press. This long trial set
a precedent in Africa in recording abuses of limitless power.
At the end of 1987, the Supreme Court was reviewing technical
aspects of the trial.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of killing or summary executions for
political motives by government forces. However, the
52
CENTRAL AFRICAN REPUBLIC
Government again faced sporadic challenges from dissidents in
the northwest corner of the country, although at a much
reduced level from previous years. In the action, the army
reportedly killed two rebels near Paoua in May, and guerrillas
killed a village mayor from the same region in late July.
Some reports allege that the two dissidents killed near Paoua
might have been attempting to negotiate a surrender. In the
northeast. Central African military forces ambushed a large
band of "poachers" in May, killing some and arresting others.
Also in this region a dissident group killed a gendarmerie
commander from Birao in a shoot-out in March.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The penal code prohibits torture and provides for sanctions
against persons guilty of physical abuse. There are
infrequent reports of beatings in prisons, where conditions
are generally harsh and medical attention is sometimes
inadequate. However, family members, legal counsel, doctors,
and clergy generally have access to prisoners. It is not
uncommon for selected prisoners, including prominent political
detainees, to receive special privileges, including permission
to leave the prison periodically.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
In the past, the Government has frequently detained suspected
opponents without charge or trial. In 1986 according to
Amnesty International's 1987 report, "few arrests of
opposition political party supporters were reported in
comparison to previous years." This trend continued in 1987.
While some political detainees were still being held at the
end of 1987, it is difficult to say precisely how many.
Under local law, political detainees can be held without
charge for as long as 2 months, but at that point detainees
must either be formally charged or released. If they are
charged, local judicial procedures (which are modeled on
French procedures) allow for open-ended preventive detention
while the public prosecutor prepares the State's case against
the accused. In practice, some political detainees are held
much longer than 2 months without formal charges being brought
against them. In the case of common criminals, the law
requires that they be brought within 96 hours before a
magistrate who decides whether formal charges will be filed.
Approximately five well-known political opponents live in
exile. Several of them have been sentenced to death in
absentia for crimes against the State.
The Government has been cited by the International Labor
Organization (ILO) for being in violation of ILO Conventions
29 and 105 for allegedly imposing compulsory labor on prisoners
jailed for unauthorized political activities. However, the
ILO case dates back to the early 1980's, and there are no
reports since then of political prisoners being forced to
perform compulsory labor. There is a local penal practice
called "corvee," which administratively (and virtually
automatically) sentences men without proper identification
papers to 2 days' labor — usually clearing roadside weeds.
53
CENTRAL AFRICAN REPUBLIC
e. Denial of Fair Public Trial
In most cases involving common criminals, the Government
permits French-modeled legal procedures to be fairly and
openly applied and the laws to be properly executed. The new
Constitution continues the provisions of the constitutional
decree of September 21, 1985, which states that the judiciary
"is guaranteed independence (from) the legislative and
executive (power)." However, the President is the guarantor
of that independence, notably in his role as "President of the
Supreme Magistrative Council."
A Special Tribunal comprising civilian magistrates and
military advisers adjudicates political cases. The Special
Tribunal differs from ordinary courts in that there is no
appeal process although the possibility of presidential
clemency does exist. Trials must be specifically authorized
by the President. Political detainees have a right to legal
counsel at all stages in the formal procedures before the
Special Tribunal. Trials are open to the public, and the
proceedings are often reported in the local media. President
Kolingba has authorized the meeting of the Special Tribunal on
a fairly frequent basis.
On October 23, 1986, former emperor Jean-Bedel Bokassa
unexpectedly returned to the Central African Republic from his
exile in France. Bokassa, who was sentenced to death in
absentia in 1980 for crimes including murder, cannibalism, and
embezzlement, was immediately detained on his return.
Subsequently the 1980 verdict was annulled, and he was retried
in the Bangui Criminal Court. Of the 14 charges against him,
he was found guilty of 4--complicity in assassination, arrest
and imprisonment of children, arbitrary arrest and
sequestration, and diversion of public funds and goods--and
sentenced to death. At the end of 1987, the proceedings were
undergoing judicial review by the Supreme Court, which has the
right to overturn the verdict if technical flaws are found in
the trial. Lacking that, only presidential clemency remains
as a means of changing the sentence.
The number of political prisoners is unknown. Major Gregoire
Miango, a prominent political prisoner arrested in late 1983
and released on April 14, 1986, remains restricted to his home
town, where he currently resides with his family.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
With the significant exception of political and security
matters, the Government does not normally interfere in the
private lives of citizens. The law formally prohibits the
invasion of the home without a warrant, and this prohibition
is not generally abused in civil and minor criminal cases.
However, if a political crime is involved. Ordinance 81/035,
which instituted the Special Tribunal, authorizes searches at
any time and at any place. These searches have been conducted
without specific warrants. There is no forced membership in
the RDC--the only legal party. There is no interference with
the right to marry or have children as one chooses. Parents
are free to teach their children religious beliefs and
practices, with the exception of the Jehovah's Witnesses
(Section 2 . c) .
54
CENTRAL AFRICAN REPUBLIC
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The right to speak publicly about political developments or to
criticize the Government is circumscribed although most people
feel free to comment privately on political affairs. The
Government prohibits the distribution of tracts and literature
deemed to be subversive. A Central African journalist working
for the Government, Thomas Kwazo, was sentenced in August to
prison for an article he filed with a foreign press service,
without the approval of his supervisor in the Ministry of
Communication, about an alleged meeting between President
Kolingba and ex-emperor Bokassa.
Since July 1, 1986, there has been only one regularly
published newspaper, which, along with others that appear
sporadically, is carefully monitored by the Government. Radio
and television are also controlled by the Government.
b. Freedom of Peaceful Assembly and Association
Despite Constitutional guarantees of the right to assembly,
only assemblies of a nonpolitical nature can take place
without government approval. Government forces guickly
disband unlawful assemblies and in some instances participants
have been arrested. Groups that register with the Department
of the Interior can hold meetings. (Also see Section 3.)
In May 1981, former President David Dacko suspended the
General Union of Central African Workers, and no effective
labor movement has existed in the country since that time.
The Kolingba Government, which came to power in September of
that year, never rescinded this suspension. The Government
tacitly approves of an apolitical labor federation that exists
mostly on paper and has no collective bargaining authority.
The ILO has a case pending before it involving the Central
African Republic's alleged violations of the right to freedom
of association under ILO Convention 87. The Government has
yet to provide the substantive information reguested by the
ILO committee reviewing the case.
The right to strike exists in principle, although fear of
government reprisals has dampened the enthusiasm of potential
strikers. In response to a month-long student strike in
March-April 1986, the Government has banned boycotts of
classes and all demonstrations by school children and
university students, except for those authorized by the
Ministry of the Interior. Those violating this prohibition
face up to a 3-year prison term.
c. Freedom of Religion
With one notable exception, the Government does not generally
interfere with religious activities. Religious organizations
and missionary groups are provided religious freedom by
Central African custom. No single religion predominates, nor
does the Government appear to discriminate in favor of or
against specific religions.
There was a major departure from the Government's policy of
noninterference in religious activities when the Minister of
the Interior formally prohibited the activities of the
Jehovah's Witnesses in February 1986. This decree was aimed
primarily against the foreign missionary Jehovah's Witnesses
55
CENTRAL AFRICAN REPUBLIC
who had refused to participate in government-sponsored
activities or to encourage allegiance to the Government. As a
result, most foreign missionary Jehovah's Witnesses have left
the country, and the four who remain avoid proselytizing,
limiting their activities to administrative matters.
Native-born adherents to the sect continue to meet and worship
and have not experienced official interference for the past
year.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
People are generally free to move about within the country,
although there are road checkpoints and periodic civil
conflict in the north. The right of voluntary travel and
repatriation is recognized. Financial and educational
constraints rather than government controls act to restrict
most foreign travel and emigration. No case of revocation of
citizenship was reported in 1987.
The country remains relatively hospitable to foreigners; the
largest foreign population living either temporarily or
permanently in the country is from Chad. Approximately 10,000
Chadians live in Bangui, where they are generally engaged in
small commerce, and along the northern border area, where they
are engaged in farming and cattle herding. Due to the
increase in political stability in Chad during the past 2
years, most of the nearly 45,000 Chadian refugees living in
the Central African Republic in 1984 and 1985 were voluntarily
repatriated in 1985 and 1986. As of late 1987, the total
Chadian refugee population in the Central African Republic was
less than 3,000.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government.
However, since 1984, Kolingba has progressively reduced the
military presence in favor of a civilian government, presently
composed of 18 ministers, 5 secretaries of state, and 5 high
commissioners. Although in practice he allows his Cabinet
considerable leeway in the day-to-day activities of government
administration, he makes all important policy decisions.
The 1986 Constitution calls for a Parliament consisting of a
National Assembly and an Economic and Regional Council. For
the first time since he took power in 1981, Kolingba in 1987
allowed public and private assembly for political purposes
when 142 candidates for the newly created National Assembly
were given 2 weeks to campaign for 52 seats--3 from each of
the 16 prefectures and 4 from Bangui. Although the candidates
were vetted by the Ministry of the Interior before they were
eilowed to run, they were not required to be RDC members, and
there is no indication any potential candidates were prevented
for political reasons from running. Election results were
announced on August 8, 1987 for all but two prefectures.
While the delay in the northeastern province of Vakaga was due
to transportation difficulties, voters returned to the polls
on August 30, 1987 in the Nana-Mambere region as the first
election was marred by irregularities. The results from these
two prefectures were announced subsequently.
-779 0-88-3
56
CENTRAL AFRICAN REPUBLIC
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not welcome international or
nongovernmental investigation of alleged human rights abuses
but does not prohibit such investigations. Representatives of
Amnesty International and the International Committee of the
Red Cross visit Bangui periodically.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are more than 80 ethnic groups in the Central African
Republic, each with its own language. About 70 percent are
Baya-Mandjia and Banda. While President Kolingba appears to
desire an ethnic balance in his Cabinet, preference for high
government positions has occasionally been given to members of
his Yakoma ethnic group (approximately 10 percent of the
population) .
The Constitution mandates that all persons are equal before
the law without regard to race, ethnic origin, region, sex, or
religion. The law notwithstanding, women have traditionally
been accorded a lower status than men. For example, there is
less emphasis on the importance of education for women, which
is reflected in the low literacy level of the adult female
population (19 percent), as compared with the adult male
population (49 percent). The requirements of their work at
home and in the fields prevent many women from receiving any
formal education.
Although polygamy is common, the legal system and traditional
practice support the rights of the wives and all children of
such marriages. A national women's organization exists and is
supported by the Government. While there are no women
ministers, secretaries of state, or high commissioners in the
Kolingba Government, four women were candidates in the July
1987 legislative elections.
CONDITIONS OF LABOR
Employment of children under 14 years of age is forbidden by
law. While it is only loosely enforced, jobs are in such
demand that children in the labor force are generally limited
to working as helpers in family businesses, such as selling
food products or cigarettes.
Minimum wages have been established by the Government, and a
social security system exists. The minimum wage for a manual
laborer, for example, is about $40 per month, and about $140
per month for a stenotypist. However, much labor is performed
outside the wage and social security system, especially in the
large subsistence agricultural sector, and probably does not
meet the established minimum levels. The law sets maximum
working hours for government employees and most people in the
private sector at 40 hours per week. Domestic employees may
work up to 55 hours. There are also general laws of health
and safety standards in the work place, but they are neither
precisely defined nor actively enforced.
57
CHAD
The Chadian Government is led by President Hissein Habre, who
came to power in 1982 in the course of a protracted civil
war. Relying upon the armed forces as his power base, Mr.
Habre heads the Council of Ministers which, along with an
appointed National Consultative Council, comprises the
executive and legislative branches of the Government. The
multiethnic National Union for Independence and Revolution
(UNIR) was created in 1984 to broaden Habre' s political base,
and in 1987 it remained the only officially recognized
political party. At present, there is no constitution. Laws,
decrees, and ordinances are proposed, in accordance with the
Fundamental Act of 1982, by the President and the Council of
Ministers and discussed by the National Consultative Council
prior to promulgation.
In 1987 President Habre continued a policy of national
reconciliation under which exiled members of former opposition
groups have been encouraged to return to the country and those
who remained in Chad persuaded to return to legality. Many of
these former opponents, including some who were in armed
conflict with the Government as recently as 2 years ago, have
been brought into the civil service and army, several at the
ministerial level. However, a number of exiles who returned
to Chad in 1986 and 1987 were arrested or disappeared.
In October 1986, the bulk of the GUNT (Transitional Government
of National Unity) forces, which previously had been loyal to
GUNT leader Goukouni Oueddei, rallied to President Habre' s
banner, following Goukouni ' s break with Libya's Mu'ammar
Qadhafi, and were integrated into the national army. In a
series of battles beginning in early January 1987, the Chadian
army defeated its Libyan and few remaining dissident enemies.
By September the army had liberated over 90 percent of the
northern Chadian territory formerly under Libyan military
occupation. At the end of 1987, Libyan forces remained only
in the so-called Aozou Strip, and an OAU-sponsored cease-fire
had been in effect for over 3 months. The OAU Ad Hoc
Committee on The Border Dispute Between Libya and Chad
continued to seek a peaceful resolution of the conflict, but
prospects for success were not high.
Chad is desperately poor, and its estimated population of 4.5
million has one of the lowest per capita annual incomes ($178)
in the world. Cotton is the major source of Chad's export
earnings and in the past has produced most of the Government's
revenues. Approximately 40 percent of Chadians who work for
wages are employed in the cotton sector. Since 1985 world
cotton prices have been disastrously low, and in 1987 price
support costs for cotton far exceeded income from export
sales. The Government relies heavily on foreign aid,
especially from France, to finance current government
operations and to fund development projects.
Chad's 22-year-long civil war and now its war against Libya
produced conditions in which human rights often have been
violated by the forces in conflict. Chad remains on a war
footing, and tight governmental controls restrict basic
freedoms, e.g., press and assembly. However, with almost all
of inhabited Chad now free of Libyan forces, violence has
subsided; violation of human rights due to war largely ended
in 1987. The occasional excesses of uncontrolled, marauding
soldiers are now the exception rather than the rule.
58
CHAD
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Precise information on possible extrajudicial executions by
government and Libyan/dissident forces was not available.
There were no verified instances of government-instigated
political killings in 1987.
Seven political killings that reportedly occurred in 1985
first came to light in 1987. According to Amnesty
International, the victims included two members of armed
opposition groups, two persons with ties to an opposition
group called the Democratic Revolutionary Council, and three
former supporters of opposition groups who had voluntarily
returned to Chad. Most were allegedly arrested by members of
the Chadian Security Service (DDS) or the Presidential
Security Service (SP), and were summarily executed.
b. Disappearance
There were no reported disappearances during 1987. In its
1987 Report (covering 1986), Amnesty International, however,
expressed concern that the Government had failed in 1986 to
account for a number of people who "disappeared" after being
detained in previous years, and who were reported mostly to
have been executed extrajudicially by government security
forces. One case, that of Felix Ekeh, a Nigerian citizen,
became the subject of Chadian-Nigerian discussions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no confirmed reports of torture of prisoners in
Chad during 1987, although Amnesty International reported the
probable torture and death of Abdoulaye Awidjeli Bichara in
1986. According to eyewitness testimony, Bichara was left
unattended in the courtyard of DDS headquarters in serious
physical condition, apparently as the result of torture, and
died. Chadian authorities have not confirmed his death.
There were also allegations in 1987 that the Presidential
guards used beatings, detentions, and other forms of
intimidation as a means of maintaining security in parts of
Guera prefecture; an armed Hadjerai insurrection movement
there has ambushed and killed numbers of these Presidential
guards .
Prison conditions in Chad are generally poor. Most Chadian
prison personnel have had no professional training, and abuses
in handling prisoners are not uncommon.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Individuals who express views critical of or different from
those of the Government are often regarded as endangering the
security of the State and may be subject to indefinite
detention without trial. The total number of detainees, as
distinct from prisoners of war, is not known. However, a
number of people, primarily members of a clan of the Hadjerai
tribe, were arrested on security grounds in 1987 and remained
in detention without charge or prospects of trial. The
Government frequently holds such detainees incommunicado.
59
CHAD
Saleh Gaba, a Chadian journalist and part-time reporter for
the Associated Press and a local Roman Catholic radio station,
was arrested in mid-July. After calls for his release by
Amnesty International, the Government announced in late August
that Gaba had been accused of killing two peasants. In
December President Habre told reporters that Gaba had been
captured with arms in his possession and that he would be
tried for illegal possession of arms. At the end of the year
Gaba was still being held incommunicado in an undisclosed
location, and no trial date had been set.
Despite President Habre's national reconciliation efforts.
Amnesty International reported in September 1987 that it
continued to receive reports of the detention by government
security forces of former Chadian exiles upon their return to
Chad. Three who were arrested in 1986, Hadja Merami, her
daughter Azzina, and Mahamat Abdelbaqui, were believed to be
still detained without charge at the end of 1987. Amnesty
International also received reports of the detention without
charge of relatives of government opponents. Two of them,
Moussa Konate and Abdellatif Tidjani, may still have been in
detention at the end of 1987. Habre's principal rival,
ex-President Goukouni Oueddei, remained in exile in 1987,
demanding a restructuring of the Chadian army and of the sole
legal political party, UNIR.
The International Labor Organization (ILO) has been critical
of Chad in the past for the use of forced labor. The
Government is continuing discussions with the ILO on revising
outdated labor laws which do not meet ILO norms, including the
ILO's conventions on forced labor.
e. Denial of Fair Public Trial
The regular Chadian judicial system (the Supreme Court and
several lower courts) and criminal code have evolved from the
body of law (Napoleonic Code) inherited from the former
colonial power, France. In theory, this law incorporates
safeguards against arbitrary arrests and provides for
specified detainee rights, including the right to counsel and
the right to be promptly informed of charges. In practice,
armed conflict over more than 21 years has severely disrupted
the legal system, but the Government has made efforts to
reestablish civilian law enforcement in liberated areas,
especially the operation of the regular courts.
Whether accused of crimes or security offenses, most Chadians
do not get speedy trials. Many are held for extended periods
and then released without having come to trial, in part
because of the rudimentary nature of the Chadian judicial
system. There are only a few trained lawyers, judges, and
other court personnel. Most of Chad's tribunals do not even
have law books. The few trained judicial officials complain
of a heavy backlog of cases.
There is also a traditional system of law presided over by
sultans and chiefs. This traditional system is generally
effective and fair in resolving property and other civil
disputes and in dealing with cases involving petty local
crime. In theory, decisions in customary courts may be
appealed to the regular courts.
60
CHAD
f. Arbitary Interference with Privacy, Family, Home, or
Correspondence
Under Chadian law, homes may be searched only during the day
and under authority of a warrant. In practice, however, there
are many instances where this law has not been respected.
Correspondence carried by people traveling overland in Chad is
often checked by authorities at various points, but
correspondence sent through the Chadian postal system is less
likely to be subject to such controls.
g. Violations of Humanitarian Law in Armed Conflicts
Over the years, there have been numerous reports of human
rights abuses by all sides in the conflict, including reports
of summary executions of prisoners and suspected opponents,
kidnapings, and burning of villages and crops. The extent of
Libyan human rights violations is unkown but is reported to be
extensive. The Chadian Government has made repeated charges
of Libyan human rights abuses, including poisoning wells and
mistreating Chadian prisoners of war (POW's). In a public
statement November 6, the International Committee of the Red
Cross (ICRC) cited Libya for violating the 3rd Geneva
Convention concerning treatment of prisoners of war. Earlier
in 1987, the ICRC had cited Chad for showing Libyan POW's in
public in violation of Article 13 of the Geneva Convention.
There were reports that at least one Libyan soldier was
executed by the Libyans after Chadian forces overran Libyan
positions in northern Chad.
Chad currently holds several hundred former members of armed
factions opposed to the Government, as well as a large number
of Libyan POW's. The Government considers them to be POW's
rather than "political detainees." The Government permits
representatives of the ICRC to visit regularly about 600 POW's
captured before early 1986 who are mostly Chadian, but it
steadfastly refuses to permit ICRC access to POW's who have
been captured since 1986. Estimates of the number of recent
captives range from 600 to 2,000. The Chadian Government
states it will permit ICRC visits to Libyan POW's if Libya
reciprocates. So far, Libya has refused ICRC access to any
Chadian POW's held in Libya.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Under Chadian law, freedom of speech is assured, but in
practice public or private statements that the authorities
consider seditious may lead to arrest. There is no prior
restraint on the publication or broadcast of information in
Chad, but the few Chadian journalists, most of whom work for
the government-controlled media, are careful not to criticize
the Government or its policies. However, criticism of
individual ministries or agencies of government and officials
does appear from time to time. The government press also has
criticized severely the continued existence of political
groups loyal to leaders who rallied to the Government in 1986
and 1987.
The Government's treatment of foreign correspondents has been
uneven. At times the foreign press was given free access to
officials and, despite the conflict, correspondents were
allowed to file their stories with no prior censorship. At
other times, foreign correspondents were denied visas for
61
CHAD
entry into Chad or expelled from the country for no apparent
reason and, on a few occasions, have had to submit their
stories for government approval.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association is restricted. Chadians
may assemble peacefully only as long as the purpose of the
meeting is not opposed to government policies. Membership in
UNIR is voluntary. Although President Habre is intent on
having a single mass political movement to which all Chadians
will belong, he refrained in 1987 from forcing the dissolution
of a number of former opposition political groupings, such as
those associated with southern factions.
Chad's labor laws provide for freedom of association for
workers, for confederation of unions, and for the right of
labor to bargain collectively. The right to strike exists
only after arbitration at three levels in two ministries
(labor and justice) fails. There are two labor union
confederations in Chad, both of which are only marginally
effective and are in large part constrained by the Government.
c. Freedom of Religion
Chad is officially a secular state. Islam, Christianity, and
other religions are practiced freely. Both Islamic and
Christian holidays are given official status. More than 50
percent of Chad's population is Muslim, and Chad is a member
of the Organization of Islamic Conferences. Christian
missionaries may, nevertheless, enter the country,
proselytize, and provide assistance to local populations.
They are particularly active in the South. Strictly religious
publications are allowed to circulate freely. The Government
neither favors nor disfavors members of particular religions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Chadians enjoy complete freedom to move around the country
except within military zones or areas of recent or potential
combat. These restrictions generally pertain only to the
northern one-third of the country and are not enforced for the
sparse population of that large desert region. In the North,
the retreating Libyans left thousands of landmines under the
sand, which have claimed some civilian victims. International
travel is permitted, but regular passports are expensive
(about $60), and travelers must be cleared by Chad's internal
security services, a process which normally takes less than 1
week. Chadians are free to emigrate.
In previous years, many Chadians fled to neighboring countries
because of drought and civil strife. As conditions improved
in 1986, thousands of these displaced Chadians returned from
the Central African Republic, Sudan, Cameroon, Niger, and
Nigeria. Despite Chad's limited material means, these
repatriates, as well as those Chadians who fled the occupied
northern zone, have generally been well received.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The present political system does not provide for democratic
change of government. Chad has been in a state of civil
strife since 1965, with various factions and as many as
62
CHAD
11 factional armies contending at times for control of the
country. Since June 1982, Chad has been governed by President
Habre, who heads a French-style Council of Ministers
complemented by an appointed National Consultative Council
(protolegislature) . Both councils are carefully balanced to
promote ethnic and regional harmony. The source of President
Habre' s authority is the allegiance he commands from the armed
forces, the security services, and the country's only
authorized political movement, the National Union for
Independence and Revolution (UNIR) . UNIR's bylaws mandate the
popular election of lower-level officials, but no elections
have been scheduled. In some areas, traditional leaders
(e.g., cantonal or village chiefs) are popularly elected or
chosen by the subordinate members of the traditional hierarchy
(village chiefs or family heads, for example).
Habre's success on the battlefield has been concomitant with
efforts at national reconciliation on the political front.
The "Libreville accords," signed in late 1985 in Gabon by the
Government and the rallying opposition parties, provide for
the drafting of a new constitution by the National
Consultative Council, to be voted on by referendum within 4
years. The new constitution is to provide a time frame for
free elections.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has carried on a "dialog" with Amnesty
International and permitted Amnesty to send a mission to Chad
in 1985 to discuss human rights, including the status and
conditions of prisoners of war, which the Government maintains
are held in recognized detention centers. However, it did not
respond to several Amnesty International requests for
information, including a request in 1986 for details on
alleged human rights abuses committed by Libyan troops in
northern Chad.
Chad has no internal human rights organizations, either
official or nongovernmental. Chad ratified the African
Charter on Human and Peoples' Rights in July 1986.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are some 200 ethnic groups in Chad. The population can
be divided roughly between Saharan and Arab Muslims in the
northern and eastern regions, and Bantu-speaking peoples in
the south. The latter group includes both those who have
retained traditional animistic practices and those who have
adopted Christianity. Over 22 years of conflict have
transformed the complexity of ethnic divisions beyond simple
north-south formulations. In an effort to build a national
government. President Habre has expanded ethnic and geographic
representation by appointing ministers, deputy ministers, and
administrators from all parts of the country.
Officially, Chadian women enjoy full political equality. In
practice, neither Chadian traditional law nor the inherited
French code fully protects women's rights. Women contribute
the bulk of labor in virtually all aspects of farming. They
also engage in commerce ranging from simple market stalls to
the ownership of some larger businesses. The titular members
of agricultural cooperatives still tend to be men. Women
63
CHAD
serve voluntarily in the armed forces, although they are
excluded from officer training programs. In 1984 a Ministry
of Social and Women's Affairs was created and has since been
headed by a woman. Only 1 of the 15 members of the Executive
Bureau of UNIR's Central Committee is a woman. UNIR has a
fairly active women's organization. Many women, especially
war widows and their children, have inadequate means of
support .
CONDITIONS OF LABOR
The minimum age for employment is 14. Many exceptions abound,
however, as Chad is predominantly a labor-intensive agrarian
society, with 95 percent of the population engaged in
subsistence agriculture. The statutory minimum wage for wage
labor is approximately $25 per month. Given the Government's
budgetary shortfall, civil servants below the executive level
receive only 60 percent of their salaries on the scale
established in 1977. Nonagricultural work is limited to 48
hours per week with overtime to be paid for any excess.
Agricultural work is supposedly limited to 2,400 hours per
year. All workers must have at least 24 consecutive hours of
rest each week, usually on Sunday. Occupational health and
safety standards are established by law and ministerial decree
but, as with most social legislation, enforcement is weak.
64
COMOROS
The Federal Islamic Republic of the Comoros is an archipelago
comprising four islands in the Mozambique Channel. Comoros
unilaterally declared its independence from France in 1975.
The first President, Ahmed Abdallah Abderemane, was overthrown
almost immediately but regained power in 1978 when mercenaries
ousted the increasingly repressive and xenophobic regime of
Ali Soilih. Running unopposed, Abdallah was reelected in
1984. In recent years, constitutional amendments have
strengthened the President's position, notably in the
appointment of governors and in the establishment of a single
legal political instrument, the United Progress Party (UPP) .
Traditional social and economic institutions still influence
the country's political development. Village notables and
religious leaders dominate local politics.
A mercenary force of about 50 expatriates continues to train
and lead the Presidential Guard, the best equipped security
force in the islands. French technical assistance is provided
to the small Comorian armed forces and the Gendarmerie. Each
island also has a small local police force. There was an
unsuccessful coup in March 1985 by two dozen Comorian
soldiers, who allegedly planned to kill the mercenaries and
members of the Government.
Agriculture dominates economic activity, but with a population
of 450,000 likely to double by the year 2000, Comoros is
rapidly approaching full utilization of arable land. Revenues
from the export of vanilla, essence of ylang-ylang, cloves,
and copra cover only a portion of necessary imports. There
are no industries, port facilities are inadequate, and the
highway and communications infrastructure is limited. Three
major families, of which the President's is one, control a
large share of the import-export business. Comoros is part of
the French franc monetary zone. Government expenses far
exceed revenues, and the country depends heavily on France for
budgetary support and technical assistance.
The human rights situation changed little in 1987. The
Abdallah Government remained firmly in control and increased
its hold on the National Assembly, with the UPP winning 41 of
42 seats (1 is still to be contested) in March elections.
Observers of those March elections reported that progovernment
candidates benefited from large-scale manipulation of votes,
particularly on Grand Comore island. On November 30, there
was an attempted coup by a group of dissidents, including
former members of the Presidential Guard and several persons
connected with the 1985 coup attempt. At least three
Comorians were killed. About 50 persons were arrested by the
Presidential Guard. There was no evidence in 1987 of Islamic
fundamentalist opposition, which allegedly flared briefly in
1986 in the form of student unrest.
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killing in 1987.
b. Disappearance
There were no reports of disappearance in 1987.
65
COMOROS
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Reports that mercenaries tortured some alleged coup
conspirators were investigated by several human rights groups
in 1985 and in 1986. According to its 1987 Report, Amnesty-
International (AT) sent a mission to Comoros in August 1986
and, inter alia, raised with the Government the authorities'
failure to investigate reports of ill-treatment of coup
detainees. The mission also criticized the use of
incommunicado detention and solitary confinement, citing in
particular the case of Moustoifa Said Cheikh, the leader of
the outlawed Comorian Democratic Front (FDC) who was sentenced
to life imprisonment in 1985. There were reports of torture
of at least three victims of the November 1987 coup.
For most prisoners, penal discipline is lax. Prisoners are
usually released daily for prayers and work, and families
provide their meals. Conditions, although still Spartan,
improved as the prison population declined.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Current legal procedures and practices permit the Government
to arrest and detain persons almost without restriction,
especially in security cases. There are periodic reports that
suspected dissidents are detained, roughed up, and subsequently
released. The Government used house arrests during the 1987
elections, ordering at least 200 opposition activists under
house arrest before polling began on March 22.
About 20 officials of the Ali Soilih regime, held without
trial from 1978 to 1980, were released prior to 1985. The
March 1985 attempt to murder the mercenaries and certain
senior members of the Abdallah regime led to the interrogation
of hundreds of suspects, the arrest of about 200 persons, and
the extended detention incommunicado of about 80, many of them
members or sympathizers of the FDC. The Government arrested
an additional 30 soldiers at the end of 1985, allegedly for
planning a second coup. Most of those detained or tried in
1985 and 1986 were released in 1986 and 1987, but some
additional arrests connected to the investigation of the coup
attempt reportedly occurred in 1987. Members of the
Presidential Guard reportedly participated in the arrests of
about 50 persons suspected of involvement in the November 1987
coup attempt.
There is no indication of forced or compulsory labor.
e. Denial of Fair Public Trial
The Constitution provides for the equality of all citizens
before the law and the right of all accused to defense counsel.
The Comorian legal system applies Islamic law and an inherited
French legal code. French and Comorian experts are drafting a
new consolidated legal code. Most disputes are settled by
village elders or by a civil court of first instance. In
regular civil and criminal cases, the judiciary is independent
and trials are public.
However, the President has appointive and other judicial
powers. In this connection, Abdallah ordered the
establishment of a special court of appointed members to try
the alleged coup conspirators, based on a 1960 decree as
amended in October 1985. The November 1985 and July 1986
66
COMOROS
trials commanded considerable attention, including that of
international human rights organizations which protested the
lengthy procedural delays and the brevity of the trials. In
its 1987 Report, AI stated that the two trials failed to
satisfy internationally recognized standards of fair trial and
noted that some defendants were convicted on the basis of
statements made under duress while in incommunicado detention.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of home and
property. There were no known cases of arbitrary interference
with privacy in 1987.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression, of
thought, and of conscience, but Comorians discuss and
criticize the Government and its leading personalities only in
private.
The local news media consist solely of the government-
controlled radio station and the bimonthly newspaper, which
are careful not to criticize the Government when covering
domestic events. However, the Paris-based Indian Ocean
Newsletter, which is often critical of the Comoros, and the
Comorian Letter, which is published by members of the Comorian
opposition in Paris, generally arrive unhindered through the
international mail. Other foreign journals and newspapers are
available, as are books from abroad.
b. Freedom of Peaceful Assembly and Association
The Constitution states that freedom of association is
guaranteed. In practice, this right is partially
circumscribed since the only legal political activity must
take place within the framework of the United Progress Party.
On July 1, 1987, a number of Comorians opposed to the idea of
a possible third 6-year term for President Ahmed Abdallah
staged a short, peaceful demonstration and dispersed on their
own without any violence.
Social occasions, such as the traditional lavish, extended
weddings and funerals of prominent Comorians, are used as
opportunities to discuss political topics.
The Constitution also makes provision for the freedom of
workers to form unions and to strike. However, farming on
small landholdings , subsistence fishing, and petty commerce
make up the daily activity of most of the population. Hence
the wage labor force is very small, and unions are not
effectively organized. Collective bargaining does not take
place. The increasing scarcity of jobs is also a real
restraint on labor complaints, organizational activities, and
formal strikes. The Government's inability to pay wages and
salaries on schedule sometimes results in work slowdowns,
absenteeism, and informal, peaceful protests.
c. Freedom of Religion
An overwhelming majority of the population is Muslim. The
Constitution holds Islam to be the "wellspring of the
67
COMOROS
principles and rules which guide the State and its
institutions." However, the State upholds non-Muslims' right
to practice their faith. There are churches for the small
Protestant and Catholic populations. Christian missionaries
work in local hospitals and schools, but they are not allowed
to proselytize.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Movement within the Comoros and travel abroad for citizens and
foreigners is not restricted. Members of the Comorian
community abroad, concentrated in France, oppose the
Government, but in 1987 there was no evidence that those
returning to the Comoros were subjected to government
reprisals .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their Government does not
exist. The restoration of President Abdallah in 1978
introduced an era of strong authoritarian leadership.
Abdallah remained in 1987 the single most important factor in
Comorian politics. He commands the personal loyalty of the
Presidential Guard, and his position is buttressed both by
tradition and by his own personal wealth.
Elections for the 42-seat National Assembly on March 22, 1987,
were marked by widespread fraud. On Anjouan, the President's
home island, and Moheli, Abdallah declared ineligible all the
opposition candidates. On election day, the Government ordered
at least 200 opposition activists under house arrest before
polling began. Opposition candidates charge that Presidential
Guard members intimidated voters in one district on Grande
Comore. There were reliable reports that the Government
rewrote ballots in order to change the outcome in instances
when opposition candidates received a majority of the votes,
and to enhance the victories of government candidates.
Comoros has claimed sovereignty over the island of Mayotte,
which is under French control. The French have postponed
indefinitely a new referendum on the status of Mayotte. In
1977, 96 percent of the voters in Mayotte opted in favor of
remaining with France. The Comorian Government has alleged
electoral coercion in the 1977 vote and has pressed France to
acknowledge Comorian sovereignty without a plebiscite.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has been critical of some aspects of AI ' s work,
but has cooperated with the organization as recently as 1986,
when AI delegates met with a wide range of judicial and
military officials, including the Minister of Justice. They
were not, however, permitted to speak with the four "prisoners
of conscience" AI had adopted and were not given access to the
records of the November 1985 and July 1986 trials.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The constitutional deference to Islam formalizes the deeply
held commitment of most Comorians to an Islam.ic world view.
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COMOROS
The society respects authority based on inheritance, age,
wealth, and religious leadership.
The Constitution formally provides for the equality of
citizens regardless of race, sex, or religion. Women have the
right to vote and to participate, in theory, in the political
process as candidates. Women are neither veiled nor limited,
in terms of employment, to minor civil service posts. Change
in the status of women is most evident in the major towns.
Nevertheless, within Comorian society, men have a dominant
role. At traditional ceremonies and social gatherings, the
sexes are separated. The opinions of husbands and fathers
exercise a formidable influence over women's voting habits.
In politics, tradition has also been a powerful force in
discouraging women from direct participation.
CONDITIONS OF LABOR
Most of Comoros' inhabitants make their living from
subsistence agriculture and fishing. There is no
industrialization or factory activity. Jobs in the small
modern economy are scarce, and accordingly wages are low.
There is no minimum wage, age of employment, or code
specifying formal standards of occupational safety and
health. However, the hours of work in any category rarely
exceed 35 hours per week, and child labor is not an issue due
to the lack of employment opportunities for adolescent and
young adults. Young children do work in family units in the
large subsistence section.
69
CONGO
The People's Republic of the Congo is officially a
Marxist-Leninist state governed by an elite group of party,
cabinet, and military officials through the single legal
party, the Congolese Labor Party (PCT) . In addition to
serving as President of the Republic and Head of Government,
Denis Sassou-Nguesso is also head of the party. The President
nominates the 10-member Political Bureau, the key policymaking
group, which is approved by the 75-member Central Committee.
Within the Central Committee, members from the northern regions
of the country are in the majority and hold the balance of
power even though they represent a minority of the population.
The military and security services are also firmly under the
control of the northerners, and they ultimately are the
arbiters of power in the Congo. The need to maintain consensus
among the political leaders representing traditionally
conflicting areas provides a check on arbitrary policies.
The security apparatus, which is under the direction of the
presidency, is headed by the State Security Organization
(DSGE) and is patterned after those in Eastern Europe. Its
principal objective is to protect the State against possible
dissident activity. There are also party core groups in all
ministries, labor organizations, mass organizations, and urban
districts which monitor the activities of coworkers and
neighbors. In addition to the DGSE, there are the regular
police forces whose discipline is generally improving with
continuing Eastern European and Cuban training.
The Congolese economy is highly dependent on oil, which in
past years has accounted for over 90 percent of exports. In
1982 the Congo began to implement an ambitious 5-year
investment plan, concentrated heavily on inf rastructural
development, but by 1985 sharp reductions in oil revenues
forced the Government to cut its budget in half and in 1986 to
accept an International Monetary Fund (IMF) adjustment program.
In 1987 the World Bank approved two loans totaling $85.2
million for a structural adjustment program and a short-term
advisory program to study reforms in public enterprises.
The human rights situation in the Congo changed little in
1987. While not politically free, most Congolese live their
daily lives with a minimum of government and police
interference. In July there was a reported coup attempt
against the Government. Subsequently, the Government arrested
six persons, including four members of the military forces,
and was continuing its special investigation. In August a
former army captain, who reportedly was a participant in the
July attempt, and a few supporters with alleged ties to former
President Yhombi, engaged government forces in battle in the
northern town of Owando, at the reported cost of five dead and
several injured. The captain remained at large at the end of
1987, but the Government had detained Yhombi and moved him
from Owando, his home town, to Brazzaville, claiming that
Yhombi had voluntarily "placed himself at the disposition of
the judicial system." Amnesty International (AI) had reports
that 11 military officers had been arrested following the July
incident and that one, Lt . Col. Henri Eboundit, had been
tortured and was in ill-health. The Government denied that
Eboundit had been tortured or was in ill health.
70
CONGO
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported cases of killing for political motives.
b. Disappearance
There were no reported cases of disappearance for political
motives .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The practice of beating suspects at police and at state
security centers in the course of interrogations is not
uncommon. Neither is it uncommon for the public or the police
to beat thieves who have been caught in the act of stealing.
Political prisoners are held incommunicado, and it is
reasonable to assume that torture is used to extract
information desired by the police that is not freely given.
However, several political prisoners held incommuncado in the
past have been freed and are now leading normal lives with no
apparent ill effects. Some have managed to regain their
earlier status and are serving as government ministers. AI,
in its 1987 Report and in 1987 statements, expressed concern
over reports of torture, including the case of Lt . Col.
Eboundit .
Prison conditions in general are poor, and there is a lack of
adeguate food, hygiene, and medical care. Both detainees and
prisoners may be visited by family or friends who bear the
responsibility for providing food and medicines.
d. Arbitary Arrest, Detention, Exile, or Forced Labor
While the Constitution provides protection against arbitrary
indictment, arrest, and detention, in practice a warrant is
not required to make arrests. There is a legal requirement
that a detainee be brought before an investigating judge within
3 days of arrest. The judge may then order detention for a
maximum period of 6 months, after which the detainee must be
charged or released. However, this law does not apply in
cases involving the security of the State, and some political
detainees have been held for lengthy periods without being
brought before a judge or charged. The trial of those accused
of having participated in the 1982 bombings in Brazzaville did
not take place until 1986, and some of the accused were held
incommunicado for several years.
Despite the Government's steps to increase the number of
magistrates and to improve procedures, the administrative
processing of regular cases is slow, and persons awaiting
trial are often detained for considerable periods. Detained
persons are entitled to an attorney. All lawyers are under
the general authority of the Government. In criminal cases,
defense lawyers are provided by the Government for those
without funds.
71
CONGO
Whether a detainee is formally charged usually depends upon
the seriousness of the crime and the economic situation of the
family. For lesser crimes, the person is usually taken to
jail, where he may be beaten and held for a few days, then
released on bail pending a trial which may or may not ever
take place. A person accused of a serious crime (e.g., murder,
rape) is held in prison until the trial, which may be months
or even years later.
At the end of 1987, the number of political detainees or
prisoners was unknown. The Government officially acknowledged
the arrest of four military men and two civilians for alleged
participation in the 1987 coup attempts. Col. Jean Michel
Ebaka and Lt . Col. Eboundit are the ranking military officers
under detention (house arrest, according to the Government).
Ex-President Yhombi was also being held under "protective
custody." Prior to his state visit to France in 1987,
President Sassou granted a pardon to a French national, Claude
Buisson, who had been sentenced to 7 years' hard labor in the
August 1986 bombing trial.
There is no known forced labor in the Congo.
e. Denial of Fair Public Trial
The legal system in not insulated from political interference.
The Constitution provides for a Supreme Court which is in
practice an arm of the executive rather than an independent
body. The amended Constitution also provides for
nonprofessional judges to be elected to all courts below the
Supreme Court. The stated purpose of this change was to
"popularize justice," i.e., provide a role for peers to
influence the formal judicial process.
According to the law, any Congolese citizen may now become a
judge but can adjudicate cases only in collaboration with
trained judges. Each nomination must be approved by the
party. By law, the right to a fair and public trial exists in
all cases, and the judicial process is relatively fair and
open for those accused of common crimes. Also, it is not
uncommon to have a higher court reverse lower court decisions
in nonpolitical cases.
Political cases are tried by a special court, the
Revolutionary Court of Justice. In its 1987 Report, AI
expressed its concern that the August 1986 trial of 10 persons,
who were convicted of causing bomb explosions in Brazzaville
in March and July 1982, had not met international standards of
fairness for several reasons, e.g., several judges were members
of the PCT Central Committee and had been involved in the case
at an earlier stage.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There is little interference by the Government with privacy,
family, home, or correspondence. Citizens are not forced to
participate in the party or its organs. In general, so long
as a person does not engage in any activity which involves or
implies opposition to the Government, he is not oppressed or
harassed.
72
CONGO
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are restricted, despite guarantees
in the Constitution. The State owns and controls the media
except for one weekly religious newspaper. The Government
allows some criticism of its policies and programs judged not
to be politically sensitive, but it does not allow its ultimate
authority to be challenged publicly. Journalists may raise
issues and concerns only within general guidelines laid down
by the Government and the party. The Government and party are
selective in the kinds of news and information they permit
Congolese journalists to publish from various outside sources
of information. Television viewers have access to Zairian
media programs. A state censorship board reviews the content
of newspapers, movies, books, and records. Publications are
subject to censorship if they contain critical articles.
While the Government controls the local press, foreign
journalists are generally permitted to travel freely once an
entry visa and a special permit for travel to the interior are
obtained. These are usually granted.
b. Freedom of Peaceful Assembly and Association
The right of peaceful assembly is limited by the State's
perceived self-interest. Political meetings are permitted
only for the party and its organizations. Government
permission is not reguired for groups to assemble for
religious and social purposes but is required for use of
official facilities. Government authorization is also
required to establish professional clubs and organizations, of
which there are several.
The labor code adopted in March 1975 is quite liberal in
theory and provides for the right of association. However,
given its past active political role, the labor movement is
closely scrutinized and controlled by the Government and
party. In practice, the party controls the unions, largely
through the umbrella union, the Congolese Trade Union
Confederation (CTUC) , which is an appendage of the party. The
party approves the national leadership of the CTUC. No group
is allowed to form an independent, alternative union outside
the party, which led to a complaint to the International Labor
Organization (ILO) that the Congo was not observing the
Convention on Freedom of Association. The CTUC is represented
in every ministry and state-owned enterprise and serves on
mandatory boards which include a union representative along
with a member of the Government and the party. Known as the
"determinant trilogy," this structure is responsible for
ensuring that the three major points of view are represented
in the decisionmaking process and serves as the Congo's form
of collective bargaining. The CTUC unions are prohibited from
striking, although wildcat strikes do occur with relative
impunity. The local unions within the Confederation have been
able in some instances to persuade the Government to provide
workers with increased benefits. As long as political subjects
are avoided, there is also a certain degree of democratic
dialogue within the labor movement and with the Government.
The CTUC maintains relations with recognized international
organizations such as the ILO.
73
CONGO
c. Freedom of Religion
Freedom of religion is guaranteed by law. In practice, party
members are prohibited from practicing any religion. Religious
organizations, such as the Salvation Army, must obtain the
Government's permisson to work in the Congo. Jehovah's
Witnesses, for example, are not permitted in the Congo,
allegedly because Witnesses do not recognize the authority of
the State. With these exceptions, the party does not normally
interfere in religious affairs. The Catholic Church, the
largest religious coiununity, maintains a seminary for the
training of its clergy and has missions throughout the country.
Masses are held in the various local languages as well as in
French. The Catholic Church publishes the only independent
newspaper. La Semaine Africaine. Catholic and other
missionaries are active in running private missions and
clinics and provide other social services. While some of
these services are joint ventures between church and
government, many of the services formerly provided by churches
have been abolished. The Government is officially atheist.
Christmas Day is called Children's Day.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government exercises limited control over the internal
movement of its citizens through identification card checks.
There are control points outside all major towns manned by
soldiers who vigorously check identification documents.
Congolese citizens who wish to travel abroad require exit
authorization from the DSGE. For most citizens this is a
fairly routine process. However, those who are suspected of
traveling for political motives encounter obstacles in
obtaining such authorization. Government employees traveling
abroad must obtain permission from the appropriate government
office. Passports must be returned to the Office of State
Security after the traveler's return from abroad.
The Government exercises tight control over travel by
foreigners in the Congo. Most visas are for one entry only,
exit visas are required for nondiplomats , and those desiring
to travel into the interior must obtain permission from the
appropriate ministry. There are no known instances of
Congolese being refused the right to return to their country.
Citizenship may be lost under conditions established in the
nationality code. For example, citizenship may be lost by
taking citizenship in another country or for conviction for
espionage. There are no known cases of a native-born
Congolese being denied citizenship.
The Congo is the home of about 3,400 exiles and refugees,
mostly from surrounding central African states. While refugees
are subject to surveillance and occasional harassment by the
Congolese Government, there were no cases of forcible
repatriation in 1987. The Congo is a party to the U.N.
Convention and Protocol Relating to the Status of Refugees,
and a representative of the United Nations High Commissioner
for Refugees is resident in Brazzaville.
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
While the President is the most powerful single person in the
Government, his authority is limited by his need to maintain a
consensus in the Political Bureau of the party. The balance
74
CONGO
of power in the Political Bureau and in the larger Central
Committee is held by northerners to the detriment of the far
more numerous southerners. Military officers occupy key
positions among the ruling group and help ensure its
continuation in power.
The Congolese people do not have the right to change their
government through democratic processes. Opportunities for
political involvement by Congolese citizens are limited to the
Marxist-Leninist Congolese Labor Party, including its mass
organizations, and to participation in the national, regional,
and local assemblies. The Congolese Labor Party (PCT) is the
supreme organ of state. No other political parties are
permitted to operate. PCT membership, which numbers
approximately 8,700 out of a total population of almost 2
million, is highly controlled, and membership is awarded on
the basis of loyalty and political performance.
The powers of the National Assembly are limited. The
national, regional, and local assemblies are "elected" from
single-party approved lists, which present only one candidate.
The selection process can involve a certain amount of
negotiation, and incumbents have been turned out of office in
the process. Representatives of the National Assembly are
chosen from a broad spectrum of the population, including
traditional leaders, small farmers, and workers. The National
Assembly has some impact on social and economic issues, and
regional and local assemblies may discuss issues before the
decisions are made at the national level.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no human rights organizations in the Congo. The
Government permitted AI to send an observer to the 1986
bombing trial.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Under the Constitution there is no official discrimination
based on race, sex, religion, language, or social status. As
noted, northerners carry disproportionate influence in the
political and security organs. Women have the same legal
rights as men in the private, political, and social domains.
There is a large disparity, however, between salaries for men
and women, and women are relegated to a secondary role in the
modern sectors of society. In traditional society, women are
often the chief decisionmakers. Five women are members of the
party's 75-member Central Committee.
CONDITIONS OF LABOR
In previous years, revenues from oil production allowed the
Government to employ large numbers of Congolese for various
government organizations, including state corporations. Owing
to declining oil revenues and the need to comply with an
IMF/V>Jorld Bank structural adjustment program, the Goverment
has abandoned its program of guaranteed employment for all
university graduates. It is in the process of privatizing
some state enterprises and has frozen government hiring. Cash
flow difficulties sometimes cause delays in meeting the public
payroll .
75
CONGO
Working conditions for Congolese in the modern sector, which
employs about 50 percent of the population, are generally
good. These include a minimum working age of 16, a maximum
40-hour workweek, at least 1 day of rest per week, family
benefits, and medical aid. There is social security, and the
minimum hourly wage is $1.96 for urban employees. Domestic
workers must be paid at least $78 monthly. Outside government
employment, these minimums are often ignored. There is a code
of occupational safety and health, although it too is probably
not enforced. While many salaried Congolese have a generally
high standard of working conditions and social benefits, most
of the rural population is still engaged in subsistence
farming .
76
COTE D" IVOIRE
Cote d'lvoire, a former French colony which gained
independence through a peaceful transfer of power in 1960, is
a one-party state with a civilian government. Power is
concentrated in the Democratic Party of Cote d'lvoire (PDCI)
and its long-time leader. President Felix Houphouet-Boigny,
now 82 years old. Although the freedom to form other parties
is included in the Constitution, in practice no other party
has been allowed to participate in the political process. A
somewhat more open system has nonetheless evolved since
competitive elections were held in 1980 for PDCI, municipal,
and legislative positions. Membership in the party organs,
the number of municipalities with elected leadership, and
representation in the National Assembly have all steadily
expanded in the last 27 years to reflect the growth and
diversity of the Ivorian population. Basic policies are set
within the PDCI, and the unicameral National Assembly has
never publicly challenged a policy put forth by the party.
The Ministry of Internal Security includes the Surete National
and the Gendarmerie, the national police service, which is
structured along French lines. The Surete has an arm that is
responsible for intelligence gathering and counterespionage.
The Gendarmerie is responsible for territorial security,
especially in the rural areas.
Cote d'lvoire has enjoyed considerable economic development
since independence, and the country now has an annual per
capita income of $786 (1986). The Ivorian economy is market
oriented and open to foreign investment. During the 1980's,
however. Cote d'lvoire has been squeezed by a heavy debt
burden and falling prices for its exports, principally coffee,
cocoa, and tropical woods, on world markets. In 1987 the
country experienced a decline in its gross domestic product
(GDP) for the first time since independence. Prices for coffee
and cocoa decreased, and the Government was forced in May to
suspend payments on its foreign debt.
The human rights situation in Cote d'lvoire in 1987 remained
generally satisfactory. The President continued to advocate
"dialogue" in settling disputes, seeking to involve dissenters
in the operation of the one-party structure rather than to
isolate them.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of officially sanctioned political
ki 1 lings .
b. Disappearance
There were no reports of officially sanctioned abduction or
disappearance .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Ivorian penal code prohibits official violence without
"legitimate justification." The code does not, however,
specifically mention or prohibit torture nor does it define
77
COTE D' IVOIRE
what constitutes "legitimate justification" or the level of
violence officials may use if it is "justified." There were
no reports of torture during 1987, nor any evidence of
systematic cruel, inhuman, or degrading treatment of persons,
including prison inmates. Foreign Africans are routinely
treated more roughly by police on arrest than are Ivorians.
Prisoners are usually allowed visits from attorneys of their
choice and from family members, who must provide food to
supplement the sparse prison diet. Prison conditions are
poor. Sanitation and medical facilities are minimal.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Ivorian Constitution and pertinent statutes prohibit
arbitrary arrest or imprisonment. However, the Government
occasionally detains persons considered a threat to internal
security. It also takes firm nonviolent measures against acts
it considers as threats to internal security. For example,
the Government has used the threat of forced conscription to
discourage student involvement in antigovernment activities.
Some prominent critics of the Government have chosen to live
and write elsewhere; on the other hand, political exiles from
a number of countries have found Cote d'lvoire a hospitable
safe haven.
Under the Ivorian penal code, a public prosecutor can order
the detention of a suspect for up to 48 hours without bringing
charges. The code dictates that further detention must be
ordered by a magistrate who can authorize additional periods
of up to 4 months, but who must also provide the Minister of
Justice, on a monthly basis, with a written justification for
continued detention. There have been reports that local police
have held persons for more than 48 hours in a few cases, but
that higher officials have disciplined police for these
violations .
In July 1987, the Secondary Teachers' Union Congress, one of
three unions outside the government-sponsored federation, was
suspended. Thereafter a group of teachers, supported by the
Government, ousted the old leadership, which reportedly
disagreed with government policy. Some teachers publicly
protested the Government's action and subsequently, in
September and October, 16 secondary teachers were detained.
In a civil trial in December, three teachers were found guilty
of embezzlement of union funds, fined, and sentenced to several
months each in prison. Two teachers were released, and 11
others required to perform national military service.
There have been no reports of forced labor in Cote d'lvoire.
e. Denial of Fair Public Trial
The modern judicial system is headed by a Supreme Court and
includes a Court of Appeals and lower courts. There is
general agreement that the judiciary is independent of the
executive in practice as well as under the Constitution's
separation 'of powers provisions. Defendants accused of
felonies or capital crimes have the right to legal counsel,
and indigent defendants are eligible for court-appointed
attorneys. In practice, however, such attorneys are not
readily available.
Ivorian law establishes the right to a fair public trial.
This provision is generally respected in urban areas. In
rural areas, justice is often administered at the village
78
COTE D'lVOIRE
level through traditional institutions which largely handle
local matters such as domestic disputes, minor land questions,
and family law. Dispute resolution is by extended debate,
with no known instances of resort to physical or similar
punishment. These traditional courts are increasingly
superseded by the formal judicial system.
Civilians are not tried by military courts. There are no
appellate courts within the military justice system. Persons
convicted by a military tribunal occasionally request the
Supreme Court to set aside the tribunal's verdict and order a
retrial .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
All Ivorian citizens are considered to be members of the
PDCI. Party regulations call for active participation in
party activities and payment of dues which are collected in
most cases through deductions from pay checks. Most party
regulations, however, are not strictly enforced. Ivorians who
choose not to participate do not suffer retaliation. It is
not known what percentage of the population actively
participates in the party.
The Code of Penal Procedures specifies that a police official
or investigative magistrate may conduct searches of homes
without a warrant if there is reason to believe there is
evidence concerning a crime on the premises. The official
must have the prosecutor's agreement to retain any objects
seized in the search. He is required to have witnesses to the
search, which may not take place between the hours of 9 p.m.
and 4 a.m. Legal safeguards against arbitrary searches
generally are respected in urban areas but are sometimes
ignored in the countryside.
In the past, there have been scattered reports of forced entry
of the home, specifically involving foreign Africans. There
is no evidence that correspondence and telephone conversations
are monitored.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is a limited range of free expression in Cote d'lvoire.
Critics of the Government feel free to, and do, express
themselves in informal situations without fear of reprisal.
Public criticism of basic policies, the party, or the
President, however, rarely occurs.
The Government owns majority shares in the two daily
newspapers, and their editorial opinion follows the policies
of the PDCI. The one weekly newsmagazine is controlled by the
party. Several periodic pamphlets are published privately.
The Ministry of Information, Culture, Youth, and Sports
operates radio and television stations and a wire service.
Government policy assigns the media a positive role in
promoting national unity and development. It allows criticism
of failures to execute policy but not criticism of the policies
themselves. Investigative journalism is permitted except with
respect to the Government and its policies. The Government
has occasionally banned a critical publication, such as the
book, "Islam and the Cote d'lvoire." Foreign publications are
readily available, but occasionally issues which are
79
COTE D'lVOIRE
particularly critical of the Ivorian Government, the party, or
the President are seized. The magazine Jeune Afrique was
banned from the country in November after the Government took
offense at one of its articles.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is generally respected, except when the
Government perceives a significant and immediate danger to
public order. Limits, such as the cancellation of gatherings,
occasionally are placed on the expression of controversial
views in public forums. As a result of student disorders in
1982, only apolitical gatherings are now permitted on campus,
but students still speak freely about politics in informal
situations. There is little tradition of assembly for purely
political purposes outside the established party structure.
Major unions are organized within a government-sponsored labor
confederation, the General Union of Cote d'lvoire Workers
(UGTCI). Secondary, university, and primary school teachers'
unions have been exceptions and until this year they each
maintained independent trade unions. In July 1987, the
congress of the Secondary School Teachers' Union was
interrupted by disturbances, whereupon the union leadership
suspended the proceedings. A second group thereafter convoked
the congress again and elected a new leadership which won
government endorsement. Spokesmen for both secondary and
university teachers accused the Government of interference in
internal union affairs and abridgement of their right to
choose their own leadership. Shortly after the replacement of
the Secondary Teachers' Union leadership, the Primary School
Teachers' Union asked to join the UGTCI, leaving only the
university teachers outside the fold.
The leader of the UGTCI occupies a senior position in the
party hierarchy. Union membership is encouraged but not
mandatory. The UGTCI is a relatively passive coordinating
mechanism rather than an active force for workers' rights.
However, the UGTCI has representatives in every major business
enterprise, and the UGTCI secretariat often plays a mediation
or conciliation role in relations between labor and management
in individual businesses. Collective bargaining within each
company takes place under UGTCI leadership.
The right to strike exists under statute, but in practice
strikes are rarely authorized by the UGTCI. Although there
were no official strikes in 1987, there were several "work
stoppages." In one case, after workers had refused to work
for 7 days and the UGTCI was unable to settle the dispute, the
Government stepped in and settled the dispute in favor of the
workers .
The 1983 secondary teachers' strike was broken by a
presidential decree ordering teachers back to the classrooms
and threatening them with fines and prison sentences for
noncompliance. Generally, the Government negotiates with
strikers and resolves at least some of their economic
grievances. Aside from the dispute with secondary school
teachers and the arrest and detention of 16 of their members,
there have been no reports that professional groups have
experienced persecution or harassment. The Government,
however, attempts to bring such groups under its wing or that
of the party.
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COTE D'lVOIRE
Unions, trade associations, and professional bodies are
permitted to maintain relations with recognized international
professional bodies in their fields. The UGTCI is a member of
the continent-wide Organization of African Trade Union Unity.
Cote d'lvoire is a member-state of the International Labor
Organization (ILO), and the UGTCI participates in Ivorian
delegations to ILO conferences and events.
c. Freedom of Religion
There are no known impediments to religious expression. There
is no dominant religion, and no particular faith is favored by
the Government. The open practice of religion is permitted,
and there are no restrictions on religious ceremonies or
teaching .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Ivorian Government exercises minimal control over domestic
travel, but internal roadblocks for identity and customs
checks are common. Persons stopped at such roadblocks are
sometim.es harassed by the police. Ivorians can travel abroad
freely and can emigrate without discrimination. Ivorians have
the right of voluntary repatriation. There are no known cases
of revocation of citizenship.
Cote d'lvoire's refugee and asylum practices are liberal. The
country has resettled or granted safe haven to Angolans,
Burkinabe, Eritreans, Ghanaians, Guineans, Liberians, and
Vietnamese.
While in Cote d'lvoire, refugees receive 1-year renewable
resident visas for their first 5 years in the country, after
which they may apply for permanent residence. Cote d'lvoire
does not take any significant responsibility for the economic
and social welfare of refugees, which becomes the concern of
private and international organizations.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Political participation is limited to the PDCI, which is
headed by President Houphouet-Boigny . No opposition groups
exist openly, and their formation is discouraged. Therefore,
in practice the citizens of Cote d'lvoire are unable to change
the one-party system of government.
Within the party, the President wields power through a
13-member Executive Committee, a 57-member political bureau,
and a 208-member steering committee. Political power is
concentrated in the President's hands, and most important
decisions are made by the President himself. The National
Assembly initiated its first legislation in history to promote
job creation in the rural and small business sectors during
the 1986-87 legislative year. The Assembly also confirms and
ratifies legislative initiatives received from the President.
Within this strict one-party system, the Ivorian Government
continues to encourage more open participation in the
political process by expanding the size of the party
institutions and by permitting party members to contest
legislative, municipal, and local party elections. In the
case of the 1985 legislative elections, for example.
81
COTE D'lVOIRE
approximately 577 individuals ran for the 175-seat National
Assembly. Many incumbents were defeated in all three
elections .
Section 4 Governmental Attitude Regarding International and
Nongovermental Investigation of Alleged Violations
of Human Rights
The Government has been cooperative toward inquiries into its
human rights situation, the last of which occurred in 1981.
Cote d'lvoire has a local chapter of Amnesty International.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no apparent discrimination based on race, sex,
religion, language, or social status. The most lucrative
government and private sector jobs seem to be concentrated
among the minority Muslim (30 percent) and Christian (15
percent) populations, a phenomenon attributable more to
urbanization and access to education than to a systematic
pattern of discrimination. However, all religions are
represented at top levels of government and throughout
society. Although French is the official language and the
language of instruction in the schools, radio and television
broadcasts are provided in major local languages. Social and
economic mobility are not limited by policy or custom.
Non-Ivorian Africans living in the Cote d'lvoire are estimated
at over 3 million; about half come from Burkina Faso and the
rest from other nearby countries. These foreign workers play
an important role in the Ivorian economy, especially in
agriculture. The Government's policy of Ivorianization
requires that all positions be offered to Ivorians before
foreigners; this prevents foreign Africans from obtaining most
of the higher paying wage and salary jobs in the modern sector.
Although males clearly play the preponderant role overall,
some Ivorian traditional societies accord v;omen considerable
political and economic power. Nonetheless, in rural areas
tribal customs dictate the division of menial tasks, which are
performed mostly by women. Children often work on their
parents' land, and in Abidjan some children routinely act as
vendors of consumer goods in the informal sector. Female
circumcision continues to be practiced among elements of the
Ivorian population, although it is rare in urban populations.
Official party policy is to encourage full participation by
women in social, economic, and political life. The role of
women has recently won somewhat greater prominence. In July
1986, the President appointed a new Minister for Women's
Affairs, a cabinet-level position first created in 1976 but
which had been vacant for almost 2 years. Women remain
lightly represented at the higher levels of government and the
party. Ten women are deputies in the 175-seat National
Assembly and 28 women are members of the 208-member Steering
Committee of the PDCI .
CONDITIONS OF LABOR
The Government enforces a comprehensive work code of law, the
Code du Travail, governing the terms and conditions of service
for salaried workers and providing for occupational safety and
health standards.
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COTE D' IVOIRE
Extensive safeguards protect those employed in the modern
sector against unjust compensation, excessive hours, and
capricious discharge from employment. In most instances, the
minimum working age is 16, and minimum wages vary according to
occupation, e.g., a skilled worker would earn the equivalent
of $0.77 per hour. Wage levels increase for workers with more
experience and skills. Month-long paid vacations and a
substantial severance pay are guaranteed. Government medical
insurance and retirement programs provide an element of income
security for salaried employees in the modern sector.
However, there is a large informal sector of the economy,
involving both urban and especially rural workers, in which
many of these occupational regulations and safeguards are
enforced erratically at best.
83
DJIBOUTI
Djibouti is a constitutional republic with a one-party
political system. Occupying a small, arid land at the
southern tip of the Red Sea, Djibouti's 330,000-400,000 people
have been ruled since independence from France in 1977 by
President Hassan Gouled Aptidon, who was reelected in April
1987. President Hassan Gouled's Rassemblement Populaire Pour
le Progress (RPP) has been Djibouti's only legal political
party since the 1981 election year when the Government
outlawed the Mouvement Populaire Djiboutien (MPD) . An
overseas opposition party, the Mouvement National Djiboutien
Pour 1' Instauration de la Democratie (MNDID) , led by a former
government official, has minimal influence in Djibouti.
Political life in Djibouti is a subtle and unequal contest
between two major ethnic groups, the predominant Issa and the
sizable minority Afar. An Arab minority, mostly Yemeni, are
prominent in commerce but not in politics. Although Djibouti
has had only one president since independence, it is accepted
that the presidency is and will be reserved for an Issa and
the prime minister for an Afar. The president, who wields the
significant executive power, appoints the prime minister.
Cabinet positions are divided among Issas and Afars. In
practice, real authority in the civil service and the armed
forces is in Issa hands.
Djibouti's armed forces have a total strength of about 3,500,
primarily ground forces, but with a small naval force and a
one-plane (transport) air force. France guarantees Djibouti's
external security under a 1977 agreement. France also
maintains a garrison of about 3,800 military and naval
personnel in Djibouti.
Djibouti's narrowly based formal economy is centered on
services for an expatriate community of about 10,000 and
operation of the seaport, the airport, and the Djibouti-Addis
Ababa railroad. While some large enterprises are state owned,
free enterprise is encouraged, and there is private ownership
of both property and capital. Lack of economic growth has
been aggravated since independence by the recurrence of
drought and the influx of tens of thousands of imjtiigrants
(legal and illegal) fleeing war, drought, famine, and
repressive political and economic conditions in Ethiopia and
Somalia. Even with international assistance led by the United
Nations High Commissioner for Refugees (UNHCR) , Djibouti has
been hard pressed to absorb refugees into an economy also
coping with illegal economic migrants.
There was little change in the human rights situation in
Djibouti in 1987 in terms of government policy. A Djiboutian
who does not oppose the Government or the party is generally
free to pursue his life and livelihood without government
interference. However, a number of abuses occurred in
connection with Djibouti's continuing efforts to return
illegal aliens to their own countries.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of government-inspired political
killings during 1987.
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DJIBOUTI
The March 18, 1987, terrorist bombing at the outdoor Cafe
L'Historil killed 12 persons (5 French citizens, 4 Germans,
and 3 Djiboutians) and maimed or wounded some 40 others. The
Tunisian national charged with the crime is being held while
legal investigation of the incident moves toward trial. All
seven lawyers of Djibouti's bar have been appointed defense
counsel .
b. Disappearance
There were no allegations of disappearance of persons for
political reasons.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There are occasional allegations of cruel, inhuman, or
degrading treatment or punishment, such as the beating of
prisoners. There were no substantiated cases of such
practices in 1987.
While prison conditions are barely adequate, prisoners may be
visited by their families and lawyers. Medical care is also
available to prisoners. Public health personnel oversee
prison conditions.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Still in an early stage of development, Djibouti's legal
system is a hybrid of Djiboutian legislation and executive
decree, French Napoleonic codified law, Koranic (Islamic)
religious law, and the traditional law of the indigenous
nomadic peoples. Crimes committed in urban areas are dealt
with according to French criminal law and judicial practice.
Other questions coming before the law, and offenses in
Djibouti's sparsely populated hinterland, may be disposed of
according to Islamic law or ethnic traditions.
Suspected wrongdoers can be arrested after a warrant is issued
by a judge. By government decree, a person may be held no
more than 48 hours without being charged formally by an
examining magistrate. A judge may release the accused on bail
or personal recognizance, or order the accused jailed pending
the court's verdict. A detainee must be told of his right to
legal counsel.
There is no forced labor in Djibouti.
e. Denial of Fair Public Trial
Proceedings in civil court, criminal court, and the special
state security court are open to family members and lawyers of
those involved but are not open to the general public. The
judiciary remains generally independent of influence, from the
Government or the party in criminal matters but susceptible to
influence in political cases.
A historic Afar leader in Djibouti's independence movement now
living overseas, Aden Robleh Awaleh, faces life imprisonment
in Djibouti after trial and conviction in absentia on charges
related to a politically motivated bombing and other criminal
charges. Aden Robleh Awaleh now heads an overseas opposition
party, the MNDID. Party followers were arrested in Djibouti
shortly before the April 1987 presidential election for
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DJIBOUTI
was established in 1987. A number of Christian missionaries
proselytize freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Djiboutians travel freely both inside and outside Djibouti.
Passports are generally available to all Djiboutians. There
are no currency controls.
Djibouti's borders are porous. Pastoralists who eke out a
living from this dry and arid terrain pass freely back and
forth across the borders in pursuit of pasture and water for
their herds.
Over the last decade, tens of thousands of persons have
entered Djibouti in flight from war, famine, political
oppression, and deteriorating economies in neighboring
Ethiopia and Somalia. There are approximately 13,000 refugees
registered with the United Nations High Commissioner for
Refugees (UNHCR) in Djibouti. By government decree (although
difficult to enforce), all refugees are required to live in a
refugee camp at Dikhil, in Djibouti's harsh interior.
However, many registered refugees continue to live in and near
Djibouti city. During the 8 years of its existence at Dikhil,
the refugee center has developed into an economically
functioning village in some respects more active than the old
town itself. Both the international community under UNHCR
coordination and the Government provide services to the
refugees at Dikhil.
Refugees who want to return to Ethiopia voluntarily may
register to do so with the UNHCR. After a long hiatus due to
drought in Ethiopia, actual voluntary repatriations resumed on
December 8, 1986. As of September 1987, 3,397 Ethiopians had
been repatriated voluntarily under UNHCR auspices.
In addition to UNHCR-registered refugees, there are thousands
of persons in Djibouti whom the Government considers illegal
aliens. Responsible estimates of their number range as high
as 20,000. The Government charges that these illegal aliens
take jobs away from Djiboutians and are an unreasonable burden
on an economy with an unemployment rate estimated at 50-70
percent. During the Government's program to control illegal
aliens who do not qualify as refugees, abuses have occurred.
On December 20, 1986, five undocumented aliens (all
Ethiopians), living in Djibouti illegally, died of suffocation
while being returned against their wishes to Ethiopia in a
railroad boxcar. The Government quickly expressed public
regret over the deaths and promised an investigation and
appropriate measures to prevent similar accidents. At the
same time, the Government reaffirmed that deportation of
illegal aliens was legal and in order.
Late in May 1987, eight Somali students, who had applied to
the UNHCR for protection as refugees, were returned to Somalia
by Djiboutian security personnel before the UNHCR could
determine whether they qualified for refugee status.
Also in late May 1987, about 70 persons at the Dikhil refugee
camp who had been refused refugee status threatened a hunger
strike and reportedly burned a refugee camp tent and a
Djiboutian flag. The Djiboutian gendarmerie responded to the
violence by rounding up and immediately deporting 103 persons.
It was later ascertained that among the 103 persons were
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DJIBOUTI
distributing leaflets supporting Robleh for president. Those
arrested were quickly released without charge.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In the past, there have been occasional reports of violation
of a government decree that bars police entry into private
homes without the resident's consent or without a legal order
except in such extraordinary circumstances as preservation of
public order. However, there were no reports of violations of
rights of privacy, family, home, or correspondence during 1987.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Outside the one-party structure, Djiboutians generally do not
enjoy the freedom of political public speech. However, there
is little if any official interference in private speech,
including political speech.
Djibouti's radio and television stations and one newspaper
(French-language weekly) are all government owned and
operated. Government policy is to coordinate all official
dissemination of information, ostensibly in the interest of
national development. The news media occasionally look at
shortcomings, inefficiencies, and even corruption within the
government bureaucracy, but the Government itself is free from
criticism. The media usually shy away from coverage of
violence, crime, and ethnic strife. There have been
occasional confiscations of foreign publications which contain
commentary critical of the Government, though none occurred in
1987.
b. Freedom of Peaceful Assembly and Association
Public meetings require government-issued permits, which may
be refused for security reasons. No political meetings are
permitted outside the framework of the one legal political
party. With that important exception, Djiboutians are allowed
to associate freely. Social, religious, cultural, and
commercial associations are free from government interference.
Labor's right to organize and to strike is legally recognized
but severely restricted in practice. Workers are free either
to join or not to join a union as they choose, and only a
small fraction of Djiboutian workers are union members.
Djibouti's sole national labor federation, the Union Generale
de Travailleurs Djiboutiens (UGTD) , is government organized
and controlled. The Government exerts some control over
labor, especially through UGTD-af f i liated unions which
represent workers at most large enterprises. Labor action is
generally restricted to temporary work stoppages as ad hoc
protests against dismissals or working conditions. Individual
unions are free to maintain relations internationally with
other labor organizations.
c. Freedom of Religion
Freedom of religion is enjoyed by members of all faiths.
Although more than 95 percent of the population is Muslim,
Djibouti is officially a secular republic. There are several
Christian churches in Djibouti, and a Coptic Christian church
87
DJIBOUTI
was established in 1987. A number of Christian missionaries
proselytize freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Djiboutians travel freely both inside and outside Djibouti.
Passports are generally available to all Djiboutians. There
are no currency controls.
Djibouti's borders are porous. Pastoralists who eke out a
living from this dry and arid terrain pass freely back and
forth across the borders in pursuit of pasture and water for
their herds.
Over the last decade tens of thousands of persons have entered
Djibouti in flight from war, famine, political oppression, and
deteriorating economies in neighboring Ethiopia and Somalia.
There are approximately 13,000 refugees registered with the
United Nations High Commissioner for Refugees (UNHCR) in
Djibouti. By government decree (although difficult to
enforce), all refugees are reguired to live in a refugee camp
at Dikhil, in Djibouti's harsh interior. However, many
registered refugees continue to live in and near Djibouti
city. During the 8 years of its existence at Dikhil, the
refugee center has developed into an economically functioning
village in some respects more active than the old town
itself. Both the international community under UNHCR
coordination and the Government provide services to the
refugees at Dikhil.
Refugees who want to return to Ethiopia voluntarily may
register to do so with the UNHCR. After a long hiatus due to
drought in Ethiopia, actual voluntary repatriations resumed on
December 8, 1986. As of September 1987, 3,397 Ethiopians had
been repatriated voluntarily under UNHCR auspices.
In addition to UNHCR-registered refugees, there are thousands
of persons in Djibouti whom the Government considers illegal
aliens. Responsible estimates of their number range as high
as 20,000. The Governm.ent charges that these illegal aliens
take jobs away from Djiboutians and are an unreasonable burden
on an economy with an unemployment rate estimated at 50-70
percent. During the Government's program to control illegal
aliens who do not qualify as refugees, abuses have occurred.
On December 20, 1986, five undocumented aliens (all
Ethiopians), living in Djibouti illegally, died of suffocation
while being returned against their wishes to Ethiopia in a
railroad boxcar. The Government quickly expressed public
regret over the deaths and promised an investigation and
appropriate measures to prevent similar accidents. At the
same time, the Government reaffirmed that deportation of
illegal aliens was legal and in order.
Late in May 1987, eight Somali students, who had applied to
the UNHCR for protection as refugees, were returned to Somalia
by Djiboutian security personnel before the UNHCR could
determine whether they qualified for refugee status.
Also in late May 1987, about 70 persons at the Dikhil refugee
camp who had been refused refugee status threatened a hunger
strike and reportedly burned a refugee camp tent and a
Djiboutian flag. The Djiboutian gendarmerie responded to the
violence by rounding up and immediately deporting 103 persons.
It was later ascertained that among the 103 persons were
DJIBOUTI
8 persons to whom the UNHCR had granted refugee status. The
UNHCR later reported that the registered refugees who had been
improperly deported had subsequently returned to Djibouti
safely.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Djibouti is a one-party state. The Issa-dominated RPP has
been the only lawful political party since the 1981 outlawing
of the Afar-dominated MPD following election-year violence.
The party chooses all candidates for election to the presidency
and the 65-member National Assembly, as it did most recently
before the national elections held in April 1987. Although
citizens are encouraged to vote, party control of the political
process is such that Djiboutians have no democratic, nonviolent
way to change their government.
All of Djibouti's ethnic groups have generally been
represented in the ruling cabinet, but a disproportionate
share of the real power is held by the Issas in the civil
service, the armed forces, and the RPP. Ethnic and
extended-family relationships are said to be more important
than individual qualifications in filling senior civilian and
military positions.
Within the one-party system, the April 1987 presidential and
parliamentary elections were peaceful, with 87 percent of the
almost 101,000 registered voters casting their ballots. As
noted, some party followers of the overseas-based Afar leader
Aden Robleh Awaleh were temporarily detained prior to the
election for distributing leaflets supporting Robleh for
president .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no private human rights organizations in Djibouti.
The Government's relations with the UNHCR, responsible only
for the protection of internationally recognized refugees, are
good. There were no known instances of the Government
ignoring queries on human rights during 1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The predominant status of the Issa in the civil service, the
military, and the ruling political party probably amounts to
de facto discrimination against the Afar based on ethnicity
and language.
Women in Djibouti have equal status with men under the
French-inspired codified law and generally enjoy higher public
status than do women in some Islamic countries in the region.
Women are active in small trade, and many women are employed
in offices and retail stores. However, no women hold senior
positions in either the Government or the sole political
party. Nomadic traditions of genital mutilation of young
girls (particularly excision and inf ibulation) are practiced
widely without government interference.
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DJIBOUTI
CONDITIONS OF LABOR
Djibouti has long suffered high unemployment. Although
government policy strongly favors the employment of
Djiboutians, expatriates hold about 20 percent of the
positions in the formal sector and an even more
disproportionate share of the higher-paying positions.
Djibouti's labor laws and regulations, taken over from French
law at independence, guarantee a worker in the formal sector
wages and working conditions superior to those in countries
with similar economic bases. In addition to high wages, a
worker enjoys employer-funded social security, medical, and
retirement benefits. A 50-year-old worker with 15 years of
employment may retire at 80 percent of his salary. The
minimum working age is 18. A 40-hour work week is standard.
Many Djiboutians, refugees, and illegal aliens work in the
significant informal sector in which their employment is not
reported to the Government (in violation of Djiboutian labor
law and regulation). This informal sector includes small
trade; petty street vending of cigarettes, postcards, and the
like; and domestic work.
90
EQUATORIAL GUINEA
Equatorial Guinea is a former Spanish colony in central West
Africa composed of a continental province (Rio Muni) and the
island provinces of Bioko and Annobon. It has an estimated
population of 340,000. The capital, Malabo, is on Bioko. The
current regime, under President Teodoro Obiang Nguema Mbasogo,
took power as a military government in the 1979 coup which
overthrew President Macias and ended his 11-year, state-
sanctioned policy of terror. A national Constitution was
adopted in 1982, national and local assemblies chosen, and the
military Government declared itself a civilian government.
In December 1986, a single political party, the Democratic
Party of Equatorial Guinea (DPEG) , was established by
government decree, with the President as its head. Only
members of the DPEG may hold public office. All adult
citizens, even those who are not party members, are required
to pay party dues.
The Guinean police and military, with substantial assistance
from Spain, have been reorganized totally since 1979. A
300-man guard force provided by Morocco assists in protecting
the President. In the first instance, internal security is
the responsibility of the Minister of Territorial
Administration through the national police force, the Guardia
Civil .
Most of the population lives by subsistence agriculture,
fishing, and hunting, with per capita annual income
approximately $260. The small wage economy, based on cocoa,
lumber, and coffee, was devastated by the Macias years and the
death or exodus of thousand's of trained and educated citizens.
The economy remains extremely fragile, despite substantial
foreign aid and attempts at reform, which include entrance
into the West African Franc Zone, debt rescheduling, and
efforts to attract much needed foreign investment, especially
from France and the European Economic Community. A major
barrier to economic development is the lack of a clear rule of
law to protect and encourage foreign investors and indigenous
entrepreneurs. Numerous plantations, abandoned by their
Spanish and Nigerian owners during the Macias regime, were
arbitrarily expropriated in 1984 and sold under very favorable
terms to influential members of the current Government. In
September and October, the Government began to reevaluate,
thus far ineffectively, the questions of ownership and
indemnity relating to these properties.
The human rights situation in 1987 changed little from
previous years, with continued reports of arbitrary arrests,
citizen harassment by poorly paid police and military,
discrimination against minority groups and migrant workers,
and the use of forced labor. Freedom of speech and assembly
are not respected. In addition, the Jehovah's Witnesses,
declared an illegal sect in late 1985, faced increasing
persecution in 1987 with disruptions of church services and
arrests of members who were accused of "anarchic" and "immoral"
practices. As part of a general amnesty decreed in October,
five persons tried and sentenced under military law for
involvement in the July 1986 coup attempt were released from
prison.
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EQUATORIAL GUINEA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from;
a. Political Killing
There were no reported incidents of political killing.
b. Disappearance
There were no known disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Police methods are harsh and often include beatings of
prisoners either to extract information or to punish offenders
for alleged insolence or disrespect. The Government appears
little inclined to curb such abuses. Arbitrary police
beatings of politically powerless people, such as expatriate
Nigerian and Cameroonian workers and members of Bubi and
certain other indigenous tribes, continued in 1987.
Mistreatment of prisoners is condemned officially but in fact
is tolerated. Prisoners are dependent on their families for
food. Prison conditions are unhealthy, and medical care is
almost nonexistent. Prisoners often are forced to sleep and
sit on the floor, occasionally denied exercise, or required to
work on private plantations.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Despite constitutional provisions, there is no enforcement of
the right of a person in detention to be charged or released
within a certain period of time, to have access to a lawyer,
or to be freed on bail. Arbitrary arrests by security forces
or police are commonplace, usually on trumped-up charges to
extort money.
There were no known instances of any citizen being exiled
abroad in 1987. The Government continued to round up
so-called vagrant illegal aliens and ordinary citizens and put
them to work. These roundups are a means of obtaining free
labor and often are linked to preparation for important
national days, the arrival of visiting dignitaries, and
seasonal needs on the plantations of important government
officials .
e. Denial of Fair Public Trial
The Ministry of Justice has made little progress in
establishing a fully functional legal system, and the executive
branch has been able to act without fear of judicial review.
The justices on the highest Court, the Supreme Court, serve at
the pleasure of the President, who replaced all but one justice
early in 1986. Of 12 Supreme Court positions, only 4 have
ever been filled at the same time. The tribunal provided for
in the Constitution to decide constitutional issues has never
been established.
The exact number of political prisoners is unknown but is
believed to be small. The Government does not admit to holding
any political prisoners. There is still no information
available on the fate of 26 persons tried in July 1983 on
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EQUATORIAL GUINEA
charges stemming from a coup attempt in May 1983. According
to Amnesty International, the 26 defendants did not receive
fair trials. The Government reported only that the majority
of the accused received sentences varying from 5 to 10 years.
Military tribunals hear all capital offenses, civil and
criminal, in Equatorial Guinea. The most important recent
court case took place in 1986 with the public 2-day trial of
15 persons, including the Deputy Prime Minister and senior
government and military officials, accused of plotting to
overthrow the Government in July 1986. The defendants were
represented by government-employed counsel, and the proceedings
were broadcast on state radio and television. The military
tribunal sentenced one defendant to death (a member of the
military), four to long prison terms (18 to 20 years), and six
to terms of 2 years, while four were stripped of government
positions and set free. The single death sentence was carried
out on the day of the verdict. Five of those sentenced to
2-year terms were released from prison 1 year early, in
October 1987, under a general amnesty decree signed by the
President .
The actual charges against the defendants ranged from
violating three sections of the Constitution to violating a
particular section of the military penal code. The
constitutional provisions speak generally of citizens'
obligations and are not criminal statutes. In addition, it
was not clear how the military penal code applied to the
civilian defendants. The speed of the judicial process, the
questionable legal bases of the charges brought, the doubtful
jurisdiction of the military tribunal, the lack of independent
defense counsel, and the absence of appeal procedures raised
serious questions whether the defendants received due process.
The current court system, which often uses local customary
law, is a combination of traditional, civil, and military
justice, and operates in an ad hoc manner for lack of
established procedures and experienced judicial personnel. It
is not known how frequently people are denied trials since
many detainees deal directly with the arresting authorities
and resort to bribes to gain their freedom. Most trials are
brief. In cases of petty theft or civil disputes, all parties
are brought before a judge for trial. In civil and criminal
cases, the judge often levies a fine in lieu of imprisonment.
In cases involving senior officials, exclusion from public
office and confinement to traditional villages are common
means of punishment.
Equatorial Guinea's estimated 15 lawyers work for the
Government and consequently are unable to challenge government
actions effectively. Laws are enacted by decree and are not
published or otherwise effectively promulgated. As there are
no libraries or independent resource facilities, a citizen is
seldom able to determine what the laws are or whether he or
she has been charged with a bona fide offense.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were reports of arbitrary interference with privacy but
not with correspondence. There is a general suspicion that
telephone conversations are routinely monitored. Search
warrants are not usually used, even though they are required
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EQUATORIAL GUINEA
by the Constitution. There is no forced resettlement of
population, and no interference with the right to marry or
have children.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Open criticism of the Government is not permitted. The media
that exist in Equatorial Guinea are government owned and
operated. The single newspaper (published sporadically) is in
fact a government bulletin. The radio and television stations
transmit official government notices and imported
entertainment, sports, and religious programs. There are no
prohibitions on receiving foreign publications or periodicals,
but for economic reasons there are no such publications for
sale anywhere in the country.
It is doubtful that the Government would permit the sale or
distribution of publications openly critical of its conduct.
School libraries require government permission to accept even
donated books.
b. Freedom of Peaceful Assembly and Association
Citizens are not free to associate publicly with others to
discuss political or economic matters, notwithstanding
constitutional guarantees to the contrary. The Government
does not permit opposition organizations and would not
tolerate unsanctioned political rallies and assemblies.
Private nonpolitical groups, such as professional
organizations, churches and sports groups, generally require
government approval and licensing.
There are no labor unions, and there have been no attempts to
organize workers. It is widely recognized that the Government
would not permit a union to organize, especially in the cocoa,
lumber, and coffee sectors which constitute the main economic
resources. There is no significant industry in Equatorial
Guinea .
c. Freedom of Religion
Until late in 1985, there had been complete freedom of
religion in predominantly Roman Catholic Equatorial Guinea.
In December 1985, the Jehovah's Witnesses and several small
Pentecostal groups were banned, and their churches and meeting
houses closed without explanation. In 1986 and 1987,
Witnesses were placed under house arrest, harassed, and
reportedly forced to do manual labor despite having been
neither convicted nor charged with any crime. After several
unsuccessful appeals, 10 noncitizen Witness missionaries were
expelled from the country in September and October 1987, and
80 local Witnesses were forbidden to practice their religion.
Missionaries of several other faiths are still active and have
government permission for their activities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no explicit restrictions on travel within the
country, but anyone found without a job in any part of the
country except his own town or village is subject to a period
of forced labor and obligatory return to his place of origin.
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EQUATORIAL GUINEA
There were no reports of any additional Guinean refugees
fleeing the country in 1987, but a large number of refugees
from the former regime continue to reside in Spain, France,
Cameroon, and Gabon. Many of them voice fear of repression
from the current Government if they return and allege that
their passports are restricted to prevent travel back to
Equatorial Guinea. However, the poor state of the economy is
probably the main reason many remain abroad. The Government
has proclaimed repeatedly that returnees need not fear
persecution but can engage in political activities only within
the sanctioned system.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have only a hypothetical right to change their
government by democratic means. President Obiang took power
in 1979 in a military coup that toppled the Macias regime and
used the 1982 plebiscite, which involved only approval or
disapproval of the Constitution, to declare himself President.
He will face reelection in 1989 under the present 7-year term
established by the Constitution. Under the Constitution, a
partially elected, partially appointed National Assembly was
chosen. While the Assembly includes members of minority
groups and is theoretically the legislative branch of
government, it is powerless to take any action not sanctioned
by the President or his Council of Ministers. According to
the Constitution, the President also has the power to suspend
virtually all rights provided for in the Constitution when a
threat to national security or a national emergency exists,
and the President himself decides when such a threat exists.
He has not done so yet.
Only members of the PDEG may hold public office, with the
selection of all candidates being controlled by the party. In
July 1987, another decree mandated that all adult citizens of
Equatorial Guinea should pay dues to the party, whether or not
they are members. Deductions are made from wages and salaries
for deposit into the party's coffers. In October the
mandatory payments to the DPEG were fixed at 3 percent of
every adult's salary or wage.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has denounced and reversed the savagery of the
previous regime. It is willing to discuss human rights issues
with international organizations. A United Nations human
rights team visited Equatorial Guinea in January 1986, but its
report had still not been released at the end of 1987. There
are no human rights groups in Equatorial Guinea.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The law states that both sexes and all tribal groups are equal
and entitled to the same rights and privileges. Members of
the Fang clans, principally the Esangui, comprise more than 70
percent of the population and dominate life in Equatorial
Guinea, including the allocation of top government positions.
The Bubi tribe comprises approximately 15 percent of the
population and has historically been the majority on the
island of Bioko, where the capital is located. Despite
National Assembly elections in 1983 which returned a
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EQUATORIAL GUINEA
proportionate number of Bubi delegates, they have little
effective political voice in government. Other tribal groups
such as Playeros, Fernandinos, and even less favored Fang
clans are similarly discriminated against in opportunities for
economic and social advancement.
For a variety of historical, cultural, and economic reasons,
women are accorded a lower social status than men and have a
correspondingly lower status and influence in society and
government. Social tradition, and the fact that wom.en produce
most of the basic staple food items, keep most women engaged
in agricultural or domestic work. Many more males than
females enter and graduate from secondary school. Women play
only a minor role in politics. The highest positions held by
women are: the Vice Ministers of Labor and Health, mayors of
two small towns, 1 member (out of 60) of the largely
ceremonial House of Representatives, and the Presidential
Adviser for Public Health and Social Action. (The wife of the
President fills the latter position.)
CONDITIONS OF LABOR
Even when paid, salaries ere insufficient for ensuring a
decent living, and many must take second jobs. Equatorial
Guinea has a statutory minimum wage of roughly $34 monthly and
an average wage of $68 monthly. Government working conditions
include a maximum 48-hour workweek with a full day of rest
each week .and regularly scheduled holidays. There is no
effective monitoring of work hours and labor conditions
outside of the Government. The minimum age for employment is
16, but there is no enforcement of this law outside the
cities, and children of various ages work, as necessary, to
help support their families.
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ETHIOPIA
In September 1987, the Provisional Military Government of
Socialist Ethiopia (PMGSE) declared itself to be the People's
Democratic Republic of Ethiopia (PDRE) . Mengistu Haile Mariam
remains the effective ruler, and the "new" Government boasts a
Soviet-model Constitution which formally provides for a wide
range of protections and civil liberties for its citizens, as
well as an elected parliament, the Shengo. In reality.
President Mengistu continues to exercise complete control over
the majority of Ethiopians. Mengistu is also the Commander-in-
Chief of the armed forces, the ultimate source of his power in
the country. He also holds the top post of General Secretary
in the Workers Party of Ethiopia (WPE), established September
6, 1984, as the nation's only political party. The stated
goal of the party is to transform Ethiopia into a Marxist/
Leninist state.
Ethiopia deploys the largest standing army in Africa south of
the Sahara, numbering over 250,000 men. It uses this force
primarily to pursue military solutions to the armed
insurgencies of varying intensities directed against the
Government. Ethiopia also supports rebel movements fighting
against its neighbors. The Government has an extensive
internal security apparatus which uses a comprehensive system
of surveillance and informers, including the kebeles (urban
neighborhood associations) at the neighborhood level, to
maintain its control over the population.
The PDRE is committed to a centralized, planned economy based
on "Socialist" principles. The economy currently suffers not
only from civil strife (military expenditures take 20 percent
of the budget), but also from ideological constraints, most
visible in the Government's priority of funding for state
farms in a nation of small, independent farmers. At the end
of 1987, new drought and famine gripped Ethiopia.
Ethiopia's record on human rights remained deplorable in 1987,
notwithstanding adoption of the new Constitution which provides
a legal basis for respect for human rights. The Government
continued to exercise tight control over political processes,
judicial functions, the media, labor, and education. Both
government forces and members of longstanding insurgent groups,
notably in Eritrea and Tigray, committed atrocities against
prisoners and civilian populations. During 1987 the nationwide
program of consolidating rural homesteads in new villages
continued, often by implicit threats of force, and was
sanctioned in the Constitution. The resettlement program
resumed in late 1987, but the Government promised that it
would be on a modest scale and on a purely voluntary basis.
The Government unveiled a general plan aimed at ending the
insurgencies, through the establishment of five autonomous
regions, but at the end of 1987 details of the plan were
lacking, and its practicality remained to be tested.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported instances of extrajudicial executions
in 1987. The Government has come to rely less on actual
violence and more on the latent threat of violence to maintain
political control.
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ETHIOPIA
b. Disappearance
Although the Ethiopian Government increasingly has tolerated
religious activity (the new Constitution also recognizes the
right of religious freedom) , it has not explained the
disappearance between 1979 and 1985 of a number of religious
leaders and lay people, including the Patriarch of the
Ethiopian Orthodox Church (1979), the leader of the Ethiopian
Evangelical Mekane Yesus Church (1979), and a number of
Jehovah's Witnesses. Some of these people cannot be located
and are presumed to have been executed summarily or to have
died.
The well-publicized disappearance in May 1986 of the Ethiopian
Permanent Representative to the United Nations and Ambassador
to Canada, Berhanu Dinka, remains unresolved despite pressure
by many Western governments for information concerning his
whereabouts. No charges are known to have been filed against
him, but there are unconfirmed reports that he was transferred
in July 1987 from the "Third Police Station" (an Addis Ababa
torture and interrogation center) to the so-called "Gebi
Prison" in the basement of the National Palace.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The new Constitution notably omits the passage from the 1955
Constitution prohibiting cruel and inhuman punishment. The
use of torture by the Government persisted in 1987 but has
declined from the levels during the period of "revolutionary
terror" in the late 1970's.
Torture has been used against members of most opposition
groups, both those opposed for ideological reasons, such as
the radically leftist Ethiopian People's Revolutionary Party
(EPRP) or the more moderate Ethiopian People's Democratic
Alliance (EPDA) , and those opposed for a combination of
ideology and ethnic/regional separatism, such as the Ethiopian
People's Liberation Front (EPLF) in Eritrea, the Tigray
People's Liberation Front in Tigray, and the Oromo Liberation
Front among the Oromo. The EPRP and the EPDA have no open
membership within Ethiopia at present, and the Government
seems more concerned with the ethnic/regional opposition
groups. Political prisoners are initially taken to central
investigation centers operated by the Ministry of Interior,
such as the Third Police Station in Addis Ababa cr the Mariam
Gimki Center in Asmara. Interrogation is often combined with
physical abuse, especially for those suspected of affiliation
with an opposition or insurgency group.
Common methods of torture include prolonged beating on the
soles of the feet, prolonged suspension from a rope in a
contorted position, death threats, mock executions, sleep
deprivation, and submergence to the point of unconsciousness
in tanks of dirty water. In June 1986, Amnesty International
(AI) published a special report, "Political Imprisonment and
Torture in Ethiopia," and appealed to the Ethiop: an
Government, inter alia, to stop torture and safecjuard
prisoners from ill-treatment. In two 1986 cases involving
prosecutions of kebele officials for torture, AI reported the
authorities had sentenced 14 kebele officials to 3-year and
life imprisonment terms, while another received the death
sentence.
ETHIOPIA
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
While no accurate figures are available, some human rights
groups outside Ethiopia estimate that the Government has
incarcerated as many as 3,000 people for political reasons.
Over half of these political prisoners have not been formally
charged or sentenced. The new Constitution sets forth certain
civil liberties for all Ethiopians, including prohibition
against unreasonable search and seizure and a requirement that
arrested citizens be arraigned in court within 48 hours. The
Constitution also provides for arrest warrants, a fair trial,
the right to protection against self-incrimination, and the
right to counsel. These constitutional measures became
effective on September 12, 1987, but the Government has yet to
take any steps to implement them or to extend them to those
already imprisoned at the time they came into effect.
Widespread expectations of a general amnesty for political
prisoners concurrently with the establishment of the PDRE did
not materialize.
Although the new Constitution emphasizes the seriousness of
any treasonable act, it does not specifically limit the due
process rights of those charged with offenses against the
State. Nevertheless, Ethiopians suspected of antigovernmental
actions or sentiments continue to be subject to arrest or
detention by the police without charge or judicial review. In
politically sensitive arrests, the Government generally prefers
to operate in secret, taking the suspect from home at night.
In most cases, political detainees are held incommunicado,
without charge and without legal representation, at least
initially, and sometimes for the length of their term of
incarceration. The term of confinement for a suspect held
without legal charge is subject to the whim of the detaining
official or agent. Some prisoners continue to be held without
charge 13 years after their detention.
In 1987 about 25 people were arrested in Addis Ababa, Dire
Dawa, and Gondar, reportedly after arranging for the
surreptitious departure of Jews from Ethiopia. At the end of
1987, they had not been charged or tried, and AI cited reports
that several of them had been tortured.
Arbitrary arrest is not limited to the politically suspect.
Even people with no record of political activity or political
affiliations have been arrested and detained for months or
longer without explanation. In March 1987, the Government
detained an estimated 3,000 to 5,000 unemployed Addis Ababa
residents suspected of street crime. Those whose kebeles
would not vouch for them were transported to a "resettlement"
site in the countryside.
Ethiopia has generated the largest number of refugees in
Africa. There are more than 1 million Ethiopian refugees
living in neighboring countries, and tens of thousands, many
of whom cannot return to Ethiopia for fear of persecution,
living abroad.
There is no information that forced labor is practiced in
Ethiopia. However, on the demand of the kebele officials,
citizens are required to "volunteer" their services for
frequent community work programs. Workers are also expected
to "volunteer" to work extra hours and weekends, at no pay, so
that factory quotas can be met.
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ETHIOPIA
e. Denial of Fair Public Trial
In the PDRE there continues to be no real separation between
the executive branch and the judiciary. Courts are subject to
political control and are responsive to the requirements of
Ethiopia's leadership. The modern court system has a Supreme
Court at the apex and includes magistrate courts and a Special
Court of Appeal. While the civil court system operates
relatively independently of politics, the criminal court
system is more open to political manipulation. The special
courts established for trying political crimes against the
State were abolished with the adoption of the new Constitution
in February 1987. The recent consolidation of the Ministry of
Interior and Ministry of Public Security into a single ministry
under the former head of Public Security implies a continuing,
overriding priority for state security regardless of
constitutional provisions for humane judicial procedures.
AI and Western governments continue to press the PDRE to bring
charges against, or to release, all political prisoners,
including the 10 remaining members of the royal family
detained since the Revolution. When political trials do take
place, they are almost always held in secret with only the
verdict (if even that) publicly announced. Prisoners cleared
of charges or whose terms have been completed are not always
promptly released from prisons.
In practice, the right to a fair public trial is observed and
respected in civil and criminal cases of a nonpolitical nature.
These cases generally are based upon the submission of evidence
in a public setting. Minor cases are tried at the kebele
level, while more serious criminal accusations are tried in
courts where the accused has access to court-appointed lawyers.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the "inviolability of the house"
and protects against unlawful entry into private homes. In
reality, as in the past, warrants are not used for searches of
offices or private homes. However, the number of incidents of
forced entry by government forces, which are often related to
enforcing military call-ups, appeared to decrease in 1987,
including in homes in regions of insurrection.
Although the practice is generally decreasing, surveillance of
persons, both visual or through use of listening devices,
continues with no legal restraints. All mail is subject to
government monitoring. Ethiopian citizens can be called in at
any time for questioning by authorities and for mandatory
kebele meetings, political rallies, or marches. Refusal to
appear for any of the above may result in imprisonment without
hearing .
Local kebele association officials monitor urban Ethiopians,
whereas peasant association leaders perform the same function
in the countryside. These officials monitor visitors
received, items brought in and out of houses, any meetings,
and adherence to local curfews. Such surveillance and petty
interference in the private lives of Ethiopian citizens is
very much dependent on the makeup of the kebele and its
leadership .
Government proclamations designed to enforce Socialist
patterns of work make it illegal for a private farmer to
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ETHIOPIA
employ laborers on his farm or to own more than one home.
Such proclamations, however, are apparently ignored in some
remote areas of the country.
The Government's forced resettlement program which was halted
following an international outcry late in 1985, was rife with
abuses, including the wholesale separation of families and
inhumane conditions of transport to resettlement sites up to
700 kilometers distant. There were reports in 1987 that up to
100,000 persons had returned to their native provinces.
Nevertheless, an affirmation of the Government's commitment to
resettlement is incorporated in Article 10 of the new
Constitution, which protects the Government's right to "ensure
that human settlement patterns correspond to the distribution
of natural resources." In accordance with this commitment,
the Government late in 1987 resumed the resettlement program,
announcing plans to resettle 300,000 people in 1 year. By the
end of 1987, however, only a few hundred people had been
resettled. Preliminary reports indicated that these people
had volunteered for resettlement to escape the drought, that
families had been resettled as a unit, that they had been
transported in buses adequate to the task, and that the
resettlement sites were prepared to receive them.
Progress was made in 1987 to reunite unaccompanied
children/orphans with their families. Of the estimated 17,000
unaccompanied children/orphans who were a byproduct of drought
and resettlement, the Ethiopian Relief and Rehabilitation
Commission has placed 9,137 with family members. Although the
reunification effort continues, the Commission estimates that
it may be impossible to locate the families of about 3,000
children.
The Government's mandatory "vi llagization" campaign, which
collects scattered rural farmers into newly created villages,
continued in 1987. It is sanctioned under Article 10,
Sub-Article 3 of the Constitution, which states that "the
State shall encourage the scattered rural population to
aggregate in order to change their backward living condition
and to enable them to lead a better life." According to the
Government, 5,726,530 Ethiopians had been moved into such
villages as of February 1987 (15 percent of the rural
population). The Government has announced plans that call for
31 percent of the rural population to be moved into villages
by July 1988. Rural farmers cannot avoid participating in the
program, and to date almost everyone living in areas scheduled
for vi llagization has been moved into the new settlements.
The program has proceeded in the Gondar region despite some
scattered antigovernment violence in opposition to the program
early in 1987. The Government has devoted few resources to
this large program, so farmers must dismantle their own
houses, transport them to the government-selected village
site, and reassemble them. Social services such as schools,
new roads, or clinics, though promised, are rare. The
Government has repeatedly stated that this program is a
precursor to collectivization of Ethiopia's agriculture.
Despite this goal, over 90 percent of agriculture is still on
an individual family basis.
g. Violations of Humanitarian Law in Armed Conflicts
In 1987 armed conflict between government and various
opposition forces continued in many parts of the country,
especially in the regions of Tigray and Eritrea. In previous
years, there were some reports from insurgent areas of summary
executions of combatants and civilians by both government
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ETHIOPIA
forces and rebel groups. No specific instances were recorded
in 1987. While in previous years there were instances of
relief workers in insurgent areas being killed, no incidents
occurred in 1987. However, a guerrilla group detained a
Western humanitarian relief worker in October 1987; she was
released in neighboring Sudan in November. Another guerrilla
group seized two Western contractors working at a village
settlement scheme in November 1987; they had not been released
by the end of the year. Guerrilla forces continued
indiscriminate mining of roadways as a battle tactic.
Government and insurgent forces reportedly destroyed crops and
homes in their opponents' areas.
On October 23, 1987 insurgent forces attacked and burned
without warning an unarmed and unescorted famine relief
column, destroying 23 late-model trucks traveling to food
distribution centers in Eritrea and Tigray. One driver was
killed, and 400 tons of wheat, enough to feed 40,000 people
for a month, was destroyed. This incident challenged the
famine relief effort, particularly to regions which insurgents
claim to dominate. The temporary severance of crucial
transport links increased the possibility of famine afflicting
hundreds of thousands of civilians.
The number and treatment of prisoners held by government
forces and rebel groups are not known. Some reports indicate
that the treatment of PDRE prisoners by some guerrilla forces
generally has been good. The Government apparently does not
recognize those rebels captured in battle as prisoners of war,
but rather classifies them as guilty of treason and either
executes or imprisons them. The Government considers its own
soldiers captured by insurgent forces as deserters who merit
execution, imprisonment, or immediate reassignment to the war
front if returned. The Government prevents relief
organizations from providing communications with families of
the PDRE prisoners in rebel hands. Of the insurgent groups,
only the EPLF has begun to allow the International Committee
of the Red Cross (ICRC) limited access to some of its
prisoners .
In addition, the Ethiopian-Somalia conflict continued to
simmer in 1987. The PDRE has permitted the ICRC to visit 230
of its Somali prisoners of war, who were captured during the
1977 war between the two countries.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is no freedom of speech or press in Ethiopia. The
Government owns and operates all information media and
exercises censorship through editorial boards and the Ministry
of Information. Expression of unauthorized political opinions
or of views at variance with the official government line can
result in imprisonment. Political, economic, and social
policies in Ethiopia are formulated at top levels of
government, then disseminated and monitored through the
government-controlled media and government-organized citizen
groups .
The Government closely monitors the pronouncements of public
officials, academics, and clergy. Some instructors and
professors in secondary schools and at the university have
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ETHIOPIA
resisted the politicization of education. Academic freedom,
although seriously circumscribed, especially in the political
and social sciences, still finds limited expression at the
university. In October 1987, students at two University of
Addis Ababa campuses demonstrated against dormitory living
conditions and the removal of the dean of students. About 10
students were arrested for their alleged leadership role in
the demonstrations but released a short time later.
Books and magazines can be confiscated if deemed to contain
sentiments opposed to the revolution. Foreign magazines and
newspapers are not readily available since foreign exchange is
not granted to purchase them. Foreign radio broadcasts are
widely listened to in Ethiopia. There is no evidence of overt
attempts by the Government to interfere with radio reception.
b. Freedom of Peaceful Assembly and Association
Notwithstanding constitutional provisions, assembly of any
sort not previously approved by the Government is strictly
forbidden under penalty of arrest. In contrast, attendance at
government-sponsored rallies, meetings, and parades is
frequently mandatory and enforced by a wide range of
sanctions. Ethiopians, traditionally cautious in their
associations with one another and with foreigners, have become
even more so under the present regime. There is a pervasive
system of informers and surveillance. Frequent or close
association with foreigners can result in questioning, arrest,
and detention. Professional associations, such as the Rotary
and Lions clubs, are allowed to operate, though their
membership and activities presumably are monitored by the
Government. Trade and professional associations were
reorganized in 1986 by order of the Workers Party of
Ethiopia. New boards were selected for these groups from
members approved by the party.
Workers are not permitted to organize independently in
Ethiopia, and labor/management negotiations are strictly
controlled. Collective bargaining does not exist. Strikes
and slowdowns are forbidden. The only labor organization
allowed to operate is the government-controlled All-Ethiopia
Trade Union (AETU) . The AETU, one of Ethiopia's mass
organizations, is a political group used by the Government to
implement its policies, expand party control within the
workplace, and prevent work stoppages. Many of AETU's top
leaders have been trained in Eastern Europe, and the
organization has close ties to Soviet and Eastern European
labor organizations. The 1985 report of the International
Labor Organization (ILO) Committee of Experts criticized the
mandatory, single trade union structure in Ethiopia and
repeated its request that freedom of association be granted to
rural workers and public servants.
c. Freedom of Religion
Despite government attempts to deemphasize the importance of
religion in Ethiopian life and to ensure Orthodox Church
conformance with party policies, there has been a notable
resurgence in recent years in religious observance and church
attendance. The Government allows the Orthodox Church and the
Muslim religion (each claims about 50 percent of Ethiopia's
population) freedom of worship and proselytism, as stipulated
in the new Constitution. The Government has appointed some
officials to the Orthodox Church administration to ensure
church conformity with party policies. Party members are
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ETHIOPIA
prohibited from worshiping, but this ban is not enforced.
According to press reports, kebeles often discourage church
attendance, generally by scheduling mandatory meetings on
Sunday mornings. The Government nationalized most church
property when it took power, and the church reportedly is
dependent on annual government compensation payments to cover
clergy salaries.
Orthodox and Muslim holidays are recognized by the Government,
and officials of both religions are allowed to exercise
jurisdiction over civil matters such as marriage. However,
the Government expunges references to any deity from dialog in
television programs and films and forbids such references in
government statements or publications.
Some other religions, particularly foreign Protestant
evangelical organizations, which found their activities
sharply curtailed following the revolution, have experienced a
general trend of greater tolerance by central and local
government officials over the last 2 years. Local government
officials allowed a number of churches that had been closed to
reopen. In 1986 a number of church officials were released
from detention including the General Secretary of the
Mennonite Church (who had been detained since 1981) and
leaders of the Ethiopian Evangelical Mekane Yesu church. The
Government gives permits to foreign missionaries to enter and
work in Ethiopia in limited numbers, although ostensibly as
development specialists, not as missionaries. The Jehovah's
Witnesses, however, remain totally banned.
Ethiopia's small Jewish community (the Falashas) live in areas
of insurgency (Tigray, Gondor) . Stories of "genocidal"
actions by Ethiopian authorities or of highly brutal behavior
toward Ethiopian Jews have not been substantiated by American
visitors to these areas. Jews do suffer some economic
discrimination, a holdover from prerevolutionary practices.
During 1987 the Government continued to permit foreign
visitors, including groups of American Jews, relatively
unrestricted access to Falasha communities in the Gondar
region. These communities also continued to receive
assistance from the U.S. Government and private sources.
Large numbers of Ethiopian Jews have surreptitiously left the
country in recent years. The Government has attempted to
block this exodus as part of its overall antiemigration policy
(see Section l.d.). Those who have left Ethiopia are not
permitted to return to visit family members, and family
members (as with non-Jewish Ethiopians) are generally not
permitted to emigrate on the basis of family reunification.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Although the new Constitution provides for freedom of movement
and the freedom to change one's place of residence within
Ethiopia, actual government practice is quite restrictive.
Travel within Ethiopia is limited as a result of the
insurgencies (several areas, mainly in the northern
administrative zones, are closed to travel for security
reasons). Permission is required for Ethiopian citizens to
change their place of residence, and persons considered
politically suspect can be forbidden to travel outside their
home areas. Travel abroad by Ethiopians is closely controlled
by the Government through the issuance of passports and
mandatory exit visas. Passport applications require a letter
of recommendation from the appropriate kebele head. Foreigners
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ETHIOPIA
in Ethiopia have always been required to obtain a travel permit
for internal travel. In 1987 they occasionally were denied
that permission, although most representatives of the United
Nations and of foreign assistance programs and embassies,
including U.S. officials, have been able to obtain permits to
travel in connection with their assistance programs.
Emigration is highly restricted, except in special
circumstances such as marriage to or adoption by a foreign
national. Leaving Ethiopia without authorization is a serious
offense punishable by 5 to 15 years' imprisonment or, in
exceptional cases, reportedly by death. Nonetheless,
considerable illegal emigration occurs either under the
subterfuge of travel abroad for business or to visit
relatives, or by arduous treks overland and surreptitious
crossing of borders.
The Government recognizes the right of voluntary repatriation,
and its proclamation of mass amnesty for Ethiopians living
abroad (numbering more than 1 million) remains in effect.
From 1983 to 1987, according to figures provided by the U.N.
High Commissioner for Refugees (UNHCR) , approximately 750,000
Ethiopians spontaneously returned to Ethiopia from Sudan,
Djibouti, and Somalia. Most of the returnees were rural
people who returned spontaneously; the outflow of refugees
during the same period was about 550,000. The PDRE supports
UNHCR repatriation programs, which have successfully
repatriated 3,397 Ethiopians from Djibouti since late 1986 and
approximately 5,500 Ethiopians from Somalia during the same
period. Many of the returnees benefited from UNHCR
assistance. There is no evidence that they were mistreated or
discriminated against upon their return.
There have been no reports of the Government forcibly
repatriating refugees from other countries.
As a result of the civil war in southern Sudan, an estimated
103,000 Sudanese refugees entered Ethiopia in 1987, bringing
the total number of Sudanese refugees to about 225,000. The
Ethiopian Government also reports that it has received at
least 10,000 asylum seekers from Somalia.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Ethiopia are not free to change the government.
In fact, the new Constitution institutionalizes all power in
the Workers Party of Ethiopia (WPE) , the President, his
advisors, and the new Council of State. Political and
economic policies are still dictated to the population with
little opportunity for public debate.
To give a semblance of democracy to the newly organized
administration, the Government sponsored a referendum to
approve the new Constitution and an election to choose the
members of the 835-member national Shengo (one-chamber
parliament) from slates of candidates approved by the WPE.
Following public discussion meetings held throughout the
country, the People's Review Board made several changes in the
draft Constitution. Eighty percent of those voting reportedly
voted in favor of the new Constitution.
The WPE and its "mass organizations" purport to offer Ethiopian
citizens a means of participation in government, but its real
role is to ensure adherence to Marxist/Leninist principles.
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ETHIOPIA
The WPE, like its Soviet counterpart, is an exclusive
group--not everyone can join. Some, such as higher-level
government officials, are required to join if they wish to
keep their jobs. Kebeles, the primary party/government
control mechanisms at the local level, control housing
allocation, basic food rationing, political indoctrination,
and implementation of other government policies, such as
registration and selection of youths for national military
service.
The new Constitution mandates the formation of assemblies
(shengos) in the various regions including in the five newly
created autonomous regions. Under the autonomy plan, the
Assembly of the Eritrean Autonomous Region is to have the
exclusive right to promulgate and enforce its own laws so long
as they do not conflict with national laws. The assemblies of
the other four autonomous regions, Assab, Tigray, Dire Dawa ,
and Ogaden, would require permission from the central
government in order to formulate their own laws. The
Constitution also lists a number of responsibilities reserved
for the regional assemblies and their executive committees,
including the preparation of social and economic plans and
budgets for approval by the national Shengo . The PDRE hopes
the autonomy plan will serve as the basis for a political
solution to the various internal insurgencies, but
implementation has not really begun.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government resists attempts by international and
nongovernmental organizations to investigate human rights
cases. It did not respond, for example, to AI ' s various
inquiries in 1986, such as on the reported use of torture.
There is no governmental or private body to investigate
alleged human rights violations. Representatives of the ICRC
in Addis Ababa are allowed to visit some of the prisoners of
war from the 1977-78 war with Somalia. The ICRC does not have
access to prisoners held by Ethiopian-backed rebel groups
opposing the Governments of Sudan and Somalia. Ethiopia is
not a signatory to any of the United Nations' human rights
documents or the African Charter of Human and Peoples' Rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution provides for the equality of all Ethiopians
irrespective of nationality, sex, religion, occupation, social
or other status. The highest government echelons are no
longer dominated by the Amhara ethnic group but include many
Oromos and a few Eritreans and Tigreans. Almost all senior
government and political figures are of Christian origin,
although the population is approximately 50 percent Muslim.
While the rights of women are protected and promised
additional government support by the Constiutution, sexual
discrimination persists. Various U.N. studies indicate
Ethiopian women are subject to many disadvantages,
encountering, among other things, cultural and traditional
biases, marriages imposed at a very young age, hard and
time-consuming labor, inadequate employment opportunities, and
subaverage wages in urban areas. Village leadership is
invariably male, and all clergy are male. However, women in
the principal Ethiopian cultures (Oromo, Amhara, Eritrea, and
106
ETHIOPIA
Tigray) enjoy economic rights equal to those of men. They may
inherit, sell, or buy property and engage in business. In
some rural areas, women have a subservient status within the
home, and child marriages remain common, despite opposition by
the Government. Long-established practices, such as female
circumcision remain prevalent despite government opposition
among Ethiopian Orthodox and Muslim families and is less
common with some other groups.
The Revolutionary Ethiopian Women's Association, a mass
organization created in 1980, has the proclaimed goal of
improving the status of women. Women are poorly represented
at the top echelons of government. There are, however, 46
female members in the 835-member Shengo.
CONDITIONS OF LABOR
The new Constitution recognizes in principal the right to work
and to rest. Given high unemployment, there is pressure for
existing jobs in the modern economy. Accordingly, the minimum
age of 14 for nonfarm labor seems to be respected. The
maximum legal workweek of 48 hours also is generally respected
in practice, but, as noted, there is much volunteer labor to
meet factory or office quotas, and government workers receive
little of their promised time off. Health and safety codes
for the workplace are rudimentary and remain unenforced.
The minimum wage in Ethiopia is about $24 per month.
Additional allowances effectively raise the minimum wage of a
full-time employee to about $34. Day laborers in the
agricultural sector receive almost $1 per day plus some
payment in kind (shelter or a meal, for example). Day
laborers in the urban areas receive almost $1.50 per day plus
transportation to and from the workplace. The minimum wage
has been under review for some time without decision.
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GABON
Gabon has a single-party political system in which effective
political power is concentrated in the presidency. That
office has been held since 1967 by President Omar Bongo, who
is also head of the party. A March 1983 amendment to the
party constitution restricts candidacy in future presidential
elections to the "President-Founder of the Democratic Party of
Gabon," thus reserving presidential candidacy for President
Bongo. He was reelected President on November 9, 1986. In
practice, presidential power is limited by the complexity of
the governmental structure and the diffusion of power through
45 cabinet-level officials led by a prime minister. A
120-member National Assembly is elected from slates chosen by
the single party and meets regularly, but it has little real
power .
Although still a developing country, Gabon has one of the
highest per capita incomes (about $3,000 in 1987) in
sub-Saharan Africa due to its significant petroleum and
mineral resources and its small population. While income
distribution is skewed in favor of the modern urban sector as
opposed to the traditional agricultural sector, most Gabonese
have benefited in some measure from the country's strong
economy. Nevertheless, the drop in world oil prices beginning
in late 1985 has led to a sharp contraction in the economy
which will likely continue in 1988. In general, economic
performance has benefited from longstanding government
policies supporting private enterprise and encouraging foreign
investment .
There was no basic change in the human rights situation in
1987. The country's 1961 Constitution guarantees protection
and respect for the integrity of the person and, with isolated
exceptions, these rights are respected in practice. Political
rights, however, are not guaranteed under the Constitution,
and active political opposition to the sole legal party is not
permitted. There is no evidence of systematic police or other
repression of the population. Gabon released the last of its
political prisoners in 1985. A number of Jehovah's Witnesses,
arrested in late 1986 for attending services, received short
or suspended sentences and fines in 1987. The sect has been
banned since 1970 for alleged antigovernment attitudes.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known political killings or summary executions.
b. Disappearance
There were no known cases of abductions or hostage-taking by
government o'r any other groups. The authorities are sometimes
slow to advise the families of accused criminals or detainees
who are arrested, but there has been no evidence of attempts
to suppress news of an arrest.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In past years the political opposition group, the Movement for
National Recovery (MORENA) , based in Paris, alleged that
108
GABON
several people detained in the Libreville prison on political
charges were mistreated or kept in degrading conditions.
However, family members reported no serious mistreatment, and
these allegations have not been repeated in the last several
years. Police are believed to be rough but not brutal in
their treatment of suspected criminals. Prison conditions are
harsh.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
In Gabon, "acts against the security of the State" and
"actions against the Chief of State," which can include
advocating a multiparty system, are punishable crimes. There
were no reports in 1987 of detention without trial of persons
accused of violations of criminal law. Gabonese law, amended
in September 1983 and ratified by the National Assembly early
in 1984, provides guarantees against arbitrary detention
according to clearly articulated judicial procedure which is
observed in practice. Previously, there was no legal
protection against arbitrary detention.
Forced labor is not used as a means of political coercion or
racial or social discrimination. Some prison sentences for
serious crimes include hard labor as part of the sentence.
e. Denial of Fair Public Trial
The legal system, based upon French law, customary law, and
the 1961 Constitution, gives the President a powerful role and
functions fairly effectively. The right to a fair public
trial is guaranteed by the Constitution and has generally been
respected in practice in criminal cases. In
security/political cases, however, there has been more
controversy and inconsistency. A 1982 trial of 29 alleged
members of MORENA took place in public with representatives of
the international press and Amnesty International present,
while a 1983 trial of four political dissidents took place in
secret. The charges leveled against the accused were
basically the same in both cases, namely, printing and
distributing antigovernment tracts and encouraging the
Government of France to use its influence in Gabon to bring
about a multiparty political system. No known political
prisoners are currently being held. All those convicted in
the 1982 trial were granted full pardons by President Bongo on
June 19, 1986. In 1987 President Bongo continued the practice
of commuting prison sentences on New Year's day for
well-behaved first offenders who were not convicted of first
degree murder or armed robbery. Life terms were reduced to 20
years, and most other terms were cut in half.
The Gabonese court system is modeled on the French judicial
system. Trial courts hear questions of fact and law in civil,
commercial, social, criminal, and administrative cases. A
second level of appeals courts is divided into two general
appellate courts, with a separate appeals court for criminal
cases. Gabon's highest judicial body, the Supreme Court, is
divided into four chambers. There are also three exceptional
courts: a military tribunal which handles all military
offenses, a state security court, and a special criminal court
which deals with fraud and embezzlement of public funds by
officials.
The judiciary is implicitly susceptible to executive
influence, since Gabon's Constitution gives the President the
authority to appoint, transfer, and dismiss judicial officials.
109
GABON
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The various police and security units monitor alleged dissident
political activity, including dissident telephone
conversations, but interference in the daily life of the
populace is relatively rare.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There are limits on these rights in Gabon. No direct public
criticism of President Bongo is permitted, and no advocacy of a
multiparty political system by the media or individuals is
tolerated. The country's single daily newspaper, which is
government owned, regularly prints columns attacking alleged
inefficiency or corruption in various government offices. One
leading journalist was fired in October 1987 when a scathing
column reportedly hit too close to home for some senior
government officials. Foreign magazines and newspapers, which
sometimes criticize the President, notably French publications
and magazines printed elsewhere in Africa, are seized
occasionally by the police, and a few publications are banned.
Journalists are considered to be state employees and are
expected to expound on themes as directed by the Government.
The policies of the Government are occasionally debated in
public forums. The President sometimes holds press conferences,
and his ministers have submitted to lively direct questioning
on television on a broad range of domestic policy issues such
as education, public housing, and transportation.
b. Freedom of Peaceful Assembly and Association
Political activity outside the Democratic Party of Gabon is
illegal. The Government does not interfere in the affairs of
nonpolitical organizations. In some sectors, for example,
sports clubs and social service organizations have been formed.
Labor unions may organize but must be affiliated with the
government-sponsored Labor Confederation of Gabon (COSYGA) ,
which is considered a specialized organ of the Democratic Party
of Gabon and the sole labor federation. The Labor Code (1978)
and the General Convention of Labor (1982) govern general
working conditions and benefits for all sectors. Unions in
each sector negotiate with management over specific pay scales,
working conditions, and benefits applicable to their industry.
Representatives of labor, management, and government meet
annually to agree on the minimum wage, which is determined
within guidelines provided by the Government. Under Gabonese
law, all strikes are illegal which occur before remedies
prescribed under the Labor Code have been exhausted. No
strikes were reported in 1987, although in previous years
workers have organized strikes or job actions over wages and
working conditions. The Labor Confederation of Gabon is a
member of the Organization of African Trade Union Unity.
It is estimated that over half of Gabon's 90,000 salaried
private sector workers are unionized. Government employees are
not permitted to belong to unions. Agreements reached between
labor and management in each sector also apply to nonunion and
expatriate labor. According to the Labor Code, workers may
individually or collectively take complaints of code violations
to arbitration and may appeal to labor and national courts.
These provisions are respected in practice.
no
GABON
c. Freedom of Religion
The Constitution guarantees religious freedom and tolerance.
However, proselytizing has sometimes been discouraged. In 1970
a presidential decree banned several small syncretistic sects
and the Jehovah's Witnesses, and declared illegal the practice
of these "cults." This ban was believed to be the product of
government suspicions that these religious groups were involved
in antigovernment activities. The 1970 decree was reiterated
in 1985. On Christmas Day 1986, security forces in Port
Gentil, Gabon's second largest city, arrested 24 men for
attending a Jehovah's Witnesses service, considered a violation
of the presidential ban on Witnesses' activities. Their trial
ended January 31, 1987; 21 received suspended sentences, and 3
were sentenced to 2 months in prison and each fined about
$300. They are now free. In the aftermath of this incident,
government officials in the human rights area commenced a
dialogue with respected Gabonese Jehovah's Witnesses with a
view to working out a modus vivendi .
As a general rule. Christian, Muslim, and animist religions all
flourish in Gabon, and public worship is unrestricted. There
is no political or economic discrimination because of religious
preference. A number of different religious groups operate
schools. In February 1987, President Bongo took the
extraordinary step of transferring to the Ministry of National
Education the administration of 150 schools run by the
Protestant Evangelical Church of Gabon. The Government said
the move was necessary to minimize the impact on school
children of a 15-year-old leadership struggle which has torn
that church apart and compromised its institutions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Movement within the country and return to Gabon from abroad are
normally not restricted by the Government. Government
employees, however, must obtain permission to travel abroad,
and private citizens must obtain exit permits. Immigration
laws and presidential decrees promulgated in mid-1986 imposed
heavy monetary guarantee requirements on non-French expatriates
working in Gabon and levied $100 exit visa fees for each
departure from the country. Since mid-1983, the Government has
slightly tightened restrictions on the entry and resettlement
of displaced persons, but many persons who have been deemed to
have a "well-founded fear of persecution" in their country of
origin have been given permission to stay in Gabon. There have
been no reported cases of involuntary repatriation. Those
refugees or displaced persons who wish to repatriate
voluntarily are allowed to do so.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Gabon is governed by a centralized, single-party regime in
which President Omar Bongo exercises most political power.
Citizens are unable to change the one-party political system
and therefore cannot change the party in power through the
electoral process. Major political and economic decisions are
made by the President, usually in consultation with cabinet-
level officials. This group of 45 includes representatives of
all the country's major ethnic, geographic, and political
groups. Through this mechanism, Gabon's varied interest groups
are heard, given access to political patronage, and consulted
on national resource distribution. The Fang, an ethnic group
Ill
GABON
comprising about 35 percent of the population, feel themselves
to be underrepresented. Fear of Fang dominance by the
remaining 65 percent has contributed to the President's
political control. The need to maintain the balance of
interests represents, therefore, the major check on
presidential power. The very size and complexity of the
government structure is another significant factor. Opposition
political parties are not permitted. Membership in the single
political party is open to all Gabonese but is not required.
Elections below the presidential level are sometimes contested,
but all candidates must be approved by the Democratic Party of
Gabon. The Central Committee of the ruling party was expanded
in September 1986 and for the first time included two former
members of the MORENA opposition group.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
President Bongo has invited representatives of Amnesty
International and other human rights organizations to visit
Gabon. The United Nations High Commissioner for Refugees
functions in Gabon under the aegis of the United Nations
Development Program. Gabon in 1987 nominated a candidate to
the Africa Human Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In recent years, women have played an increasing role in r.he
economic, political, and cultural life of the country,
particularly in urban areas. The Government and party have
promoted women's rights, including formation of the National
Commission for the Promotion of Women in 1984, which called for
increased support for health care, nutrition, and literacy
programs for women. The cabinet reshuffle on January 6, 1987,
vaulted a woman into full ministerial rank with the naming of
Sophie Ngwamassana as Minister of Justice. Four other women
occupy cabinet rank positions as secretaries of state. In
September 1986, five women became members of the Political
Bureau of the Democratic Party of Gabon, the first women to
serve at this level of the party. Women are also represented
in the judiciary and occupy 17 seats in the National Assembly.
Nevertheless, in rural Gabon women still fill largely
traditional roles built around family and village. Onerous
duties, such as hauling water, are being lightened as piped-in
water and electricity are gradually introduced in more villages.
The Government's policy of "regroupment"--encouraging the
voluntary consolidation of small rural communities into larger
villages along a road--is designed to enhance delivery of public
services such as water, electricity, and schooling and has the
effect of improving living standards for rural women.
Access to the Government's social programs is open to all
Gabonese citizens on a nondiscriminatory basis.
CONDITIONS OF LABOR
Labor legislation provides broad protection to workers. The
minimum wage for unskilled labor since April 1985 has been
about $200 per month for Gabonese and about $150 for
foreigners. Owing to labor shortages, most salaries are much
higher. There has been little unemployment for Gabonese
112
GABON
wishing to enter the wage economy, though it is increasing as
the economy reacts to the drop in oil prices.
No minor below the age of 16 may work without the authorization
of the Ministries of Labor, Public Health, and Education. It
is rarely granted, and few employees in the modern sector are
below the age of 18. Work over 40 hours per week must be
compensated with overtime, and the workweek must include a
minimum rest of 48 consecutive hours. Pregnant women have a
right to 14 weeks of leave during pregnancy, including 6 weeks
before delivery. The Labor Code describes enforcement of
occupational health and safety standards, which are established
by decree of the Minister of Health. These standards are
enforced by the Government.
113
THE GAMBIA
A former British colony on the West African coast. The Gambia
is a parliamentary democracy with an elected president. Until
a bloody coup attempt in July 1981, The Gambia had a history
of political stability under the leadership of its only
President since independence in 1965, Sir Dawda Jawara. His
ruling People's Progressive Party (PPP) has dominated the
Parliament, but several opposition parties actively participate
in the political process. Two new political parties were
formed in 1986 and joined the ruling party and the existing
opposition National Convention Party in contesting the
parliamentary and presidential elections held in March 1987.
President Jawara was reelected by a large margin, and PPP
candidates won an overwhelming majority in the Parliament.
While there were some allegations of fraud, none were
substantiated, and the elections were judged by most observers
to be free and fair.
Discussions on the process of confederation with Senegal
continued during 1987, albeit slowly, focusing largely on the
economic area. The Gambia has a small army with an attached
naval unit organized and trained by British officers. One
company of The Gambian army has been integrated with
Senegalese troops into a confederal battalion led by a
Senegalese officer. The Gambia also has a gendarmerie of
about 500 members, headed by a Senegalese.
The Gambia's estimated population of 784,000 consists largely
of subsistence farmers growing rice and groundnuts (peanuts),
the country's primary export crop. The Gambia continued in
1987 a stringent program of economic reform which has been
praised by the International Monetary Fund, the World Bank,
and other donors, and has allowed The Gambia to reschedule its
debt and receive critical new loans.
The Gambia continued the human rights improvement begun in
1985 with the lifting of the state of emergency. In April
1987, the President, under the "prerogative of mercy" provision
of the Constitution, granted remission of unserved sentences
to 10 persons, many of whom were convicted of treason and
other crimes connected with the 1981 coup attempt. He
followed this action in May with remission of sentences for
another 24 persons. Fifty-nine persons remain in prison,
serving sentences for crimes committed in connection with the
1981 coup attempt. The President has commuted all death
sentences to life in prison.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no instances of political killings.
b. Disappearance
There were no known allegations of abduction or secret
detention by the Government or by any other group.
114
THE GAMBIA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution contains prohibitions against torture and
other cruel, inhuman, and degrading punishment. There were no
allegations o£ torture in 1987. Prison conditions are severe,
and there have been occasional reports of mistreatment of
prisoners. The Government has expressly disapproved of such
practices. There are segregated prison facilities for men and
women of both maximum and minimum security types. The
Government allows prison visits by representatives of the
local Red Cross and by close family members.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Based on British legal practice, well-developed constitutional
and legal procedures govern the arrest, detention, and trial
of persons accused of crimes. Under these procedures, a
detained person must be brought to trial within 1 week of
arrest. This waiting period, however, can be extended twice,
making 21 days the maximum period of detention before trial.
The Government scrupulously observed legal procedures in
handling the 1,008 persons detained after the coup attempt.
Under the Emergency Act of 1981, which was abrogated in
February 1985, the Government ordered the detention of persons
who were considered to have been involved in acts prejudicial
to public safety for up to 14 days without a detention order
but with the right to legal counsel.
The Labor Administration Act prohibits forced labor, and there
have been no indications that it is practiced.
e. Denial of Fair Public Trial
There were no known political prisoners in The Gambia at the
end of 1987. Sixty-six persons were sentenced to death--after
lengthy public trials--for crimes committed in connection with
the 1981 coup attempt. All the cases have now gone through
appeal, and the President in each death penalty case brought
to him has granted executive clemency in commuting the
sentence to life in prison. No executions have taken place.
One of the 1981 coup leaders was arrested in 1985, tried, and
sentenced to death in 1986. His case was appealed before the
Criminal Appeals Court, and the sentence was reduced to 20
years. To help discourage future coup attempts. The Gambia
Parliament enacted a law in May 1986 which imposes the death
penalty for treason, but which also includes the safeguard
that a person cannot be convicted of treason on the
uncorroborated statement of only one witness.
Three kinds of law operate in The Gambia: general, Shari'a,
and customary law. Shari'a, governing Muslims, is observed in
marriage and divorce proceedings. Customary law covers
marriage, inheritance, divorce, land tenure and utilization,
local tribal government, and all other civil and social
relations originating in the traditional religious and tribal
situation of the country. General law, based on English
statutes and modified to suit The Gambia context, governs
criminal cases and trials and most organized business
practices. If there were a conflict between general law and
Shari'a, general law would prevail.
The Constitution provides criminal defendants with the
traditional rights of the English legal system, such as
115
THE GAMBIA
presumption of innocence, the right of the accused to be
informed promptly of the charges, and the right to a public
trial. If released on bail, the accused person need not come
to trial until the investigation is completed, and there
apparently is no maximum time limit for investigations.
Appeals normally proceed from the Supreme (trial) Court to the
Court of Appeals, the country's highest tribunal.
While the judiciary operates independently and is free of
government interference, judges are appointed by the
Government. Because of the shortage of legal professionals in
The Gambia, the legal system is staffed in part by judges and
prosecuting and defense attorneys from neighboring
English-speaking countries having the same basic legal system
as The Gambia.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides guarantees, which are respected in
practice, against arbitrary search of person and property.
The Constitution permits the voluntary submission by a suspect
to search, or a mandatory search if it is reasonably required
in the interests of national defense or public welfare. Under
the criminal code, search warrants based on probable cause are
issued by magistrates upon application by the police. There
are a few police and military check points in and around
Banjul. Periodically, drivers are stopped and vehicles are
searched.
The rights of family are of extreme importance in The Gambia's
conservative Muslim society. Marriage, the raising of
children, and religious instruction are regulated by a
combination of personal preference and ethnic and religious
tradition. The Government does not normally intrude in family
matters. There is no effort to censor or control personal
correspondence or communications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for press freedom, and the
Government does not attempt to censor published materials,
whether they originate within or outside the country.
However, the Emergency Act, which was abrogated in 1985, did
have an inhibiting effect on criticism of the Government by
the few independent newssheets. In practical terms. The
Gambia, with its small, mainly rural, largely illiterate, and
multilingual population, does not support an active press.
There are no daily newspapers. There is a government
newspaper and a People's Progressive Party newspaper which
come out on a weekly or biweekly basis. There are several
independent, intermittently published, mimeographed newssheets.
Both the opposition and the independent press are sometimes
very critical of the Government. There is, however, some
degree of self-censorship in the government-owned media, which
exercises restraint in reporting criticism of the Government.
There is no television in The Gambia, although Senegalese
broadcasts can be received. The Government dominates the
media through Radio Gambia, but there have been no reported
instances of government interference with the one commercial
radio station which mainly broadcasts music. Foreign
magazines and newspapers are available in the capital.
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THE GAMBIA
b. Freedom of Peaceful Assembly and Association
In general, there is no interference with the freedom of
association and assembly, which is provided for in the
Constitution. The Government almost always grants permits for
meetings but requires that these meetings be open to the
public. One organization, the Movement for Justice in Africa,
which was implicated in the 1981 coup attempt, is banned.
The Labor Administration Act specifies that workers are free
to form associations and have the right to organize and
bargain collectively. However, trade unions are small and
fragmented and are a minor element in Gambian economic and
political life. Less than 20 percent of the work force is
engaged in the modern wage sector of the economy, where unions
normally are active. The Labor Administration Act authorizes
strikes, but because of a required 14-day cooling-off period
(21 days in essential services), government conciliation
efforts, and the poor bargaining strength of the unions, few
strikes actually occur.
The Gambia Workers Confederation, which is supported by the
Government, is an umbrella organization covering about 16
unions. Another umbrella union. The Gambian Workers Union
(GWU) , which was banned in 1982, has recently reorganized with
government approval. The GWU was originally banned in the
late 1970's for an illegal strike, but the ban was lifted in
1982 and then reapplied. The Union is currently in the
process of regaining its prior support. Union members have
the freedom to attend meetings outside the country.
c. Freedom of Religion
The constitutional provisions of freedom of conscience,
thought, and religion are observed in practice. The State is
secular, although Muslims constitute over 90 percent of the
population. The schools provide instruction in the Koran for
Muslim students. Christians, both Catholic and Protestant,
freely practice their religion. There is a small Baha'i
community in Banjul. Missionaries are permitted to carry on
their various mission-related activities. There is no
evidence of discrimination in employment, education, or in
other areas of Gambian life on religious grounds.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement, subject to
conditions protecting public safety, health, and morals.
There is no restriction on freedom of emigration or freedom of
return. Internally, police and military checkpoints exist in
and around Banjul, but there is no evidence that police harass
travelers. Because of historic and ethnic ties with the
inhabitants of Senegal, Guinea-Bissau, Mali, and Mauritania,
people tend to move unregulated across borders, which are
poorly marked and difficult to police. Under the Confederation
Treaty of 1981, neither Gambians nor Senegalese need passports
or visas to travel to the other country. The Gambia also
recognizes the Economic Community of West African States'
(ECOWAS) protocol which allows entry of ECOWAS country
citizens up to 90 days without visas.
Refugees fleeing persecution or unrest in other countries are
not numerous in The Gambia, but the Government and people have
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THE GAMBIA
a reputation for tolerance. There have been no reported cases
of refugees being forcibly deported.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The chief executive (the President) and the members of the
legislature (Parliament) are popularly elected, as are the
district councils and the chiefs, who exercise traditional
authority in the villages and compounds. Citizens must be at
least 18 years of age to vote. Balloting is secret, and
careful measures are employed to assure that illiterate voters
understand the choices and voting procedure.
A functioning multiparty system exists in The Gambia even
though the People's Progressive Party has been in power since
independence. The principal opposition party, the National
Convention Party (NCP) , contests both national and district
elections. Two newly-formed opposition parties. The Gambia
People's Party (GPP) and the People's Democratic Organization
for Independence and Socialism (PDOIS), contested the March
1987 presidential and parliamentary elections. Campaigning
was vigorous, active, and open by all parties. The ruling PPP
won by an overwhelming majority and now holds 31 of 36
elective seats in the Parliament.
Only one (the NCP) of the three opposition parties won seats.
The opposition charged that the election was manipulated by
the Government but could not provide evidence to support its
allegations. The opposition also charged, with some
justification, that the PPP benefited from its control of
Radio Gambia and access to government vehicles for campaigning.
Overall, however, the election was considered by observers to
be free and fair.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government permits visits of international human rights
organizations to observe the conditions of detainees and the
trial process. There were no reported requests by such
organizations for investigation of alleged human rights abuses
in The Gambia during 1987.
The Government is responsive to charges of human rights
violations. When Amnesty International criticized the
Government for the use of chains and shackles on prisoners,
they were removed. The Gambia is a member of the United
Nations Human Rights Commission and of the newly created
African Commission on Human and Peoples' Rights, which it has
offered to host in Banjul. The Government has also proposed
the creation of a quasi-governmental African Center for Human
Rights Research.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The people are overwhelmingly Muslim, and 85 percent of the
population live in villages. While personal initiative and
choice are valued, rights and privileges are generally
collective. Traditional conservative values, especially about
women, are changing, but very slowly. Marriages are still
often arranged, and Muslim tradition allows for polygamy. In
villages the women continue to perform work in the field and
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THE GAMBIA
provide for the majority of local food production. Women also
play an important role in the small, modern wage sector of the
economy. Most are in lighter or semiskilled jobs (e.g.,
assembly work, handicraft shops, bus conductors), very few are
in skilled trades (e.g., carpentry, auto repair), and a small
but growing number are in midlevel supervisory positions
(e.g., tourist hotels and banks). There is no wage or
benefits discrimination for jobs that are performed both by
men and women. Females comprise over one-third of the
students in primary school, and, with growing educational
opportunities, women participate increasingly in the
professions and in political life. The Minister of Health and
the Parliamentary Secretary in the President's Office are
women. In addition, there are women in prominent positions in
the civil service as department heads and undersecretaries.
There is a women's bureau in the Office of the President which
actively promotes debate on women's issues.
CONDITIONS OF LABOR
In the small industrial sector of the economy, labor cards
authorizing employment of youths are generally not issued
until they reach the age of 16 and never below the age of 14.
This control on child labor does not apply to customary chores
on family farms. Minimum wages and hours of work are
determined by the Joint Industrial Council, pursuant to the
Labor Administration Act, which has representation from
employees, employers, and government. These minimum wages,
however, are well below the actual rates paid in the
marketplace. For example, the minimum wage for an ordinary
unskilled laborer is approximately 75 cents per day for an
8-hour day, but in fact such workers now receive about $2.15
per day. Occupational safety and health are covered by the
Factory Act under which the Minister of Labor is given
authority to regulate factory health and safety, accident
prevention, and dangerous trades, and to appoint inspectors to
ensure compliance. However, this system is less than fully
satisfactory owing to the shortage of inspectors. The
Government recently announced that it will submit to
Parliament a new labor code to replace obsolete labor laws and
improve labor conditions, and an Industrial Injuries
Compensation Act to replace the existing Workmen's
Compensation Act. With these changes, the Department of Labor
will also be strengthened.
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GHANA
Ghana is governed by the Provisional National Defense Council
(PNDC) under the chairmanship of Flight Lieutenant Jerry John
Rawlings, who seized power from the previous elected Government
on December 31, 1981. Under the Establishment Proclamation
issued January 11, 1982, the Council exercises "all powers of
government." In practice, government policy is developed by
Chairman Rawlings assisted by a number of close advisers, both
inside and outside government. In addition to Chairman
Rawlings, the PNDC consists of eight members, of which two are
serving military officers and six are civilians (including one
woman and one ex-military officer). The various government
ministries are headed by secretaries, most of whom are
subordinate to a PNDC member responsible for that particular
area of government. A country-wide network of Committees for
the Defense of the Revolution (CDR's) is designed as a channel
to transmit government policies to the citizens and citizen
concerns to the Government.
Several security organizations in Ghana report to various
sections of the Government, but all come under the control of
the PNDC. Most security cases of a political nature are
handled by the Bureau of National Investigation, which reports
to both the Ministry of the Interior and the PNDC member
responsible for security issues.
Starting in 1983, the Government adopted an Economic Recovery
Program in an effort to redress a guarter century of economic
mismanagement and political instability which, combined with a
severe drought in the early 1980's, caused Ghana to decline
from one of Africa's most promising economies to near collapse.
Conducted in concert with the International Monetary Fund
(IMF), World Bank (IBRD), and consultative groups of bilateral
donors, the recovery program has had a positive effect. The
economy has grown for 5 consecutive years (in 1987 by a
projected 5 percent). Inflation, which had been brought down
from triple digits to the teens, rose again in 1987 to a
projected 30 percent.
Under Chairman Rawlings, a notable development has been the
continuing restoration of civil order after an initial
18-month period of revolutionary excess in 1982 and 1983.
Discipline has generally been improved in the armed forces and
the police. There were no coup plots reported in 1987. The
Government, through a National Commission on Democracy
established in 1984 under the chairmanship of a PNDC member,
continued in 1987 to "study" means of restoring a democratic
system. In July 1987, guidelines were set out for district
level elections. In October 1987, the Government began a
process of registering voters for these elections. Procedures
for future elections at the regional and federal levels have
not been established. The potential for arbitrary deprivation
of liberty was demonstrated by continuing instances of
incarceration without formal charges during sometimes lengthy
investigations. A system of public tribunals, which parallels
the regular-court system, is designed to expedite the judicial
process, but is criticized for not enforcing procedural
safeguards, effectively enough to constitute due process.
Rn-77Q n _ ftR _ c;
i20
GHANA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported instances of politically motivated or
governmentally instigated deaths.
b. Disappearance
No disappearances traceable to government action or to
nongovernmental or opposition forces were reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There have been occasional credible allegations of torture and
beatings. In 1987 a jailhouse official was sentenced to death
for beating a detainee to death but is appealing his case.
Prisons in Ghana are antiquated, and conditions are stark.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Ghanaian security forces occasionally take persons into
custody, with or without a warrant, and hold them incommunicado
for extended periods of time. When the Ghana Bar Association
has taken steps to try to free some of these persons, the PNDC
has either stood aside and permitted their release or has
retroactively interposed preventive custody orders barring
their release and citing national security considerations as
justification .
In more routine criminal cases, detentions are generally
performed in accordance with the legal procedures set forth in
the criminal code. This code requires that an arrested person
be brought before a court within 48 hours. However, the court
can refuse to release a detainee on bail and instead "remand"
him without charges for an indefinite period of time, subject
to weekly review as a case is investigated. Habeas corpus is
limited by a 1984 law which prevents any court from inquiring
into the grounds for the detention of any Ghanaian under PNDC
Law 2 (which set up the National Investigation Committee and
gave the Committee the power to investigate virtually any
allegation referred to it by the PNDC).
There are no reliable estimates of the number of political
detainees and prisoners in Ghanaian prisons. No minister of
the prerevolut ionary Government remains in detention. Some
officials of the former Government who fled Ghana in 1982 and
1983 have quietly returned and resumed careers outside of
politics, apparently convinced that the danger of detention
has now passed; others have assumed government posts.. The
Government does not announce detentions or releases, but in
1987, as in previous years, a number of prisoners remained in
detention without charge or trial. In its 1987 Report,
Amnesty International (AI) noted that at the end of 1986 at
least 50 people, most of whom were believed to be military
personnel, were being held without charge or trial under the
Preventive Custody Law of 1982 (PNDC Law 4). In late July
1987, AI issued a statement expressing concern at the arrest
and detention of three Ghanaians on July 15 and stating that
they may be "prisoners of conscience" imprisoned for the
nonviolent expression of their political beliefs. The names
121
GHANA
of these three individuals were added to an AI list of four
other Ghanaians detained in May 1987 without charges.
In 1987 two American citizens were arrested and held without
charge for many weeks, and in neither case were U.S. Embassy
officials notified of the arrests in a manner consistent with
international law and practice. One of the Americans died in
jail, apparently of natural causes, before the Embassy was
notified of his arrest.
Ghana prohibits forced labor, except in the case of convicted
criminals. Convicts can be found working on private farms and
construction sites as part of government programs to reform
and resocialize convicted criminals. There are no reported
instances of forced exile. However, there are cases of
Ghanaians abroad who hesitate to return for fear of political
persecution.
e. Denial of Fair Public Trial
In the existing regular "prerevolutionary" court system,
traditional legal safeguards are based on British legal
practice, e.g., the right of defendants to present evidence
and to cross-examine witnesses. This system includes high
courts, appeal courts, and a Supreme Court headed by a Chief
Justice. Questions exist, however, about the independence of
the regular courts. In April 1986, the PNDC overturned one of
its own decrees, which provided for full hearings before a
judge could be removed from office, and summarily dismissed 16
judges, including 2 judges of the Court of Appeal (Ghana's
second highest court). The PNDC alleged that these judges
were guilty of various forms of malfeasance in office, but no
formal charges were brought against them, and no hearings were
ever held. Many legal observers believe that, by this action,
the PNDC has put judges in the regular courts on notice that
they serve at its sufferance. The Ghana Bar Association has
urged the reestablishment of a judicial council to protect
judges from arbitrary dismissal and preserve judicial
independence .
A separate public tribunals system was set up in 1982 to
parallel the regular court system. It includes the office of
Revenue Commissioners, the National Investigations Committee,
the Special Military Tribunal, and the Public Tribunals Board,
as well as the public tribunals themselves, which operate at
the national and regional levels and are planned for district
and community levels. Critics have complained that there are
no Ghanaian laws specifying which cases should go before these
tribunals and which before the regular court system. The
Government's announced purpose when it established this system
was to provide more justice to more people in a more timely
fashion by deemphasizin'g legal "technicalities." No appeals
were permitted until 1985, when a National Appeals Tribunal
was created. Critics contend that this system depends largely
on judges /^ith little or no legal experience and that it
shortcuts legal safeguards in an effort to speed proceedings.
The panels of presiding judges contain more laymen than
lawyers, there are no published guidelines concerning the
admissibility of evidence, and conviction is by majority vote
of the panel trying a case. Critics also contend that
meaningful appeals are impossible because no adequate record
is kept of initial hearings before tribunals. Judges on the
appeals panel are drawn from the same pool of "lay judges" who
hear the initial cases. The public tribunals enforce the PNDC
122
GHANA
policy o£ imposing the death penalty for offenses that are
essentially economic in nature.
The members of the Ghana Bar Association, citing such
shortcomings, have elected not to practice before the
tribunals. This means that in practice defendants may appear
before the public tribunals with inadequate or no legal
representation. In 1985 the Government approved the creation
of a legal aid program, but this program is yet to be more
than marginally implemented.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The individual citizen is, for the most part, free from
interference by the State in his or her private conduct,
although some critics fear that the Committees for the Defense
of the Revolution (CDR's) have the potential to become
"neighborhood watch committees." The Government holds that
all citizens are "members" of the CDR's, although at present
actual participation in the system is voluntary. Monitoring
of telephones and mail is presumed to occur, but is rarely
reported. Forced entry into homes has been reported in
connection with security investigations. Informers exist and
some Ghanaians hesitate to speak frankly at public gatherings.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The freedoms of speech and the press guaranteed under the now
suspended 1979 Constitution have been abrogated, but the PNDC
Chairman has publicly encouraged people to speak out on local
community concerns, though not on government policy. The
Government owns the radio and television stations and the two
principal daily newspapers. Reporting on external events
draws heavily from various wire services and tends to reinforce
the Government's foreign policies; the press avoids criticism
of Ghana's foreign policies. The press also avoids criticism
of the revolution or of Chairman Rawlings and PNDC members. In
general, it accentuates positive aspects of the revolution,
but does on occasion report instances of corruption and
mismanagement. Critics have charged that fear of government
retaliation has led to a "culture of silence." Private
organizations s^ch as the Ghana Bar Association voice
occasional dissent from official policies but are typically
denied access to the media and have difficulty reaching the
public with their views.
Several privately owned newspapers have tried to be relatively
bold in reporting selected issues. The Pioneer, one of three
remaining independent papers, has at times criticized the
Economic Recovery Program. However, many privately owned
newspapers, for various reasons, have since closed down. In
1986 the Government limited supplies of newsprint to the
independent press, thereby reportedly forcing one newspaper
into bankruptcy. In December 1985, the Government banned
publication of the Catholic Standard; it remains banned.
Foreign periodicals such as West Africa are sold freely
throughout Ghana; there appears to be no attempt to exercise
censorship. Western journalists are now routinely accorded
visas and press credentials as opposed to the practice of a
few years ago.
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GHANA
Academic freedom tends to be respected within the confines of
the campus. In the spring, university students demonstrated
over campus issues which assumed political overtones.
Eventually all three universities were closed in midsemester,
but they reopened several months later when courses were
completed and examinations held. Students dismissed at the
time of the spring demonstrations by the Government were
allowed to return to campus.
b. Freedom of Peaceful Assembly and Association
Individuals generally are free to join together formally or
informally to promote benevolent or nonviolent causes, but
restrictions remain on association for the purpose of
protesting government policies. Political meetings are
banned, and political parties are not permitted. Permits are
required for public meetings but are routinely granted except
when the meeting has an overtly political purpose.
The Trades Union Congress (TUC) is led by officials freely
elected in 1983. The next TUC convention, at which new
officials are to be elected, was scheduled for December 1987
but postponed until early 1988 for organizational reasons.
The TUC is associated with the International Labor Organization
(ILO) and with the Organization of African Trade Union Unity
(whose headquarters are located in Accra) . The right to
strike is recognized in law and in practice, although the
Government has taken strong actions to end strikes, especially
those which threaten interests it perceives to be vital.
Wildcat and unauthorized strikes numbered 19 in 1986 and 17 in
1987.
Trade unions engage in collective bargaining with both private
sector and state-owned enterprises, though in the latter
category there are indications that the Government has, on
occasion, used brief detentions and threats against union
leaders to force agreement on issues. At the end of 1987, no
union officials were under detention for union-related
activities. During a period of tension in the spring involving
students and union members, the government-controlled press
sharply criticized some unions and union leaders, and there
were allegations of other government pressure against the
unions behind the scenes.
c. Freedom of Religion
There is no state-favored religion and no restriction on the
exercise of religion or on contacts with others of the same
faith. Most Ghanaians, including senior government officials,
are practicing members of religious groups, and there are no
particular advantages or disadvantages to membership in any of
them. The PNDC has been sensitive to church criticism of
Ghana's human rights record, and in 1987 Chairman Rawlings
renewed the charge that worldwide church and Christian
organizations may be havens for foreign spy networks. The
Chairman has also criticized importation of commodities in the
name of the church to avoid import duties. The PNDC has
banned religious publications for alleged political content.
Foreign missionary groups operate throughout the country,
although religious groups which advocate refusal to recognize
Ghanaian symbols of authority have been strongly criticized by
the Government. In September seven teachers who were
Jehovah's Witnesses were dismissed from their jobs for
refusing to recite the national pledge of allegiance or sing
the national anthem.
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GHANA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
People are free to move from one part of the country to another
without special permission. Police roadblocks continue to
exist countrywide, allegedly for the prevention of smuggling,
but are less obtrusive than in the 1982-84 period. Roadblocks
and car searches are still a normal part of nighttime travel
in Accra but are no longer conducted during the day.
As members of the Economic Community of West African States
(ECOWAS), Ghanaians are eligible to travel without visas for
up to 90 days anywhere in West Africa. Ghanaians are generally
free to exercise this right, and nationals of other member
states are free to travel to Ghana. The Ghana-Togo border,
closed following allegations by Togo of Ghanaian involvement
in a 1986 coup attempt against the Government of Togo, was
reopened in the summer. The major restraints on travel by
Ghanaians are lack of foreign exchange and long delays in the
issuance of passports. Ghanaians are free to emigrate or to
be repatriated from other countries. If a person is considered
a security threat, special permission to travel outside Ghana
must be obtained.
There is no forced resettlement of populations. While
unregistered refugees from the Sahelian drought in neighboring
countries remain, efforts to settle these basically nomadic
people have had only limited success. Only some 150 refugees
are registered with the United Nations Human Rights Commission,
and they do not constitute a significant problem for the
Government .
Section 3 Respect For Political Rights: The Right of Citizens
to Change Their Government
Under PNDC Law 42, Chairman Rawlings and the PNDC exercise
total executive, legislative, judicial, and administrative
power in Ghana. There is no current procedure by which
citizens can freely and peacefully change their laws,
officials, or form of government. The National Commission on
Democracy was established in 1984 to design new democratic
structures which would eventually replace Ghana's existing
provisional system. On July 1, 1987 a "blue book" was
published on the "creation of district political authorities
and modalities for district-level elections." Voter regis-
tration was conducted in October and November 1987 for the
election of district assemblies in the last quarter of 1988.
However, the duties and areas of authority of these district
assemblies remain vague. No plans have been announced for
regional or national elections. Efforts to give substance to
the revolutionary slogan, "power to the people," have included
elections for leadership positions at the local level of the
Committees for the Defense of the Revolution.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government cooperates with the International Committee of
the Red Cross, and there is a chapter of AI in Ghana. There
are seyeral other groups in Ghana concerned with human rights,
and they tend to be objective but not especially vocal or
effective in their reporting. Nevertheless, various
independent groups and organizations have worked for and have
sometimes succeeded in gaining the release of persons from
125
GHANA
custody. As far ^s is known, no representatives of
international human rights organizations visited Ghana in
1987. Ghana has neither signed nor ratified the African
Charter on Human and Peoples' Rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination based on race, language, religion, or social
status is not an issue in Ghana. Women's rights in business
and the civil service have long been well established and
respected. One woman serves as a member of the ruling PNDC,
another serves in the Cabinet, and at least six hold subcabinet
positions. Women in Ghana have traditionally had a major
societal role. Women in urban centers and those who have
entered modern society encounter little apparent bias, but
role pressures do exist. Women in the rural agricultural
sector remain subject to constraints associated with
traditional mores of male dominance, in spite of efforts by
the Government to curtail such practices.
In 1985 the Government promulgated four laws which overturned
many of the discriminatory customary, traditional, and colonial
laws; these concerned family accountability, intestate
succession, customary divorce registrations, and the
administration of estates.
CONDITIONS OF LABOR
Working conditions in Ghana are governed by labor legislation
which specifically prohibits forced labor, sets a minimum
employment age of 15, and prohibits night work and certain
types of hazardous employment for those under 18 years of
age. In fact, child labor is prevalent, for example, on local
buses where children of the drivers often serve as money
collectors. The minimum wage, which applies to Government
employees but is only indicative for the private sector, was
raised 25 percent on January 1, 1987. Through both government
directives and union contracts, the normal hours of work are
defined in terms of a 40-hour week. Labor legislation
provides for labor inspectors and gives them the power to
order the alteration or closing of any work site "to avert any
threat to the health or safety of the workers." Inspections
take place and are as effective as possible under
circumstances of a troubled national economy and scanty
resources. Terms of employment and protection against
arbitrary discharge are also covered by existing legislation.
126
GUINEA
In 1987 the Guinean Military Committee for National Recovery
(CMRN) continued its hold on political power as General
Lansana Conte entered his fourth year as Head of State. The
CMRN assumed power in 1984 after the death of Sekou Toure,
inheriting a 27-year legacy of mismanagement and leftwing
authoritarianism. With the Constitution suspended since 1984,
the military Government rules through ordinances, decrees, and
decisions issued by the President and various ministers. The
Guinean penal code, which took effect in 1965, regulates
treatment of prisoners, delegates authority to permit public
assemblies, and provides some guarantees of personal liberties.
The code was generally disregarded during the Toure regime.
The CMRN, however, has increased enforcement of the code, and
it remains the only major legislative guarantee of certain
rights .
The armed forces number about 9,000 persons, with the army
alone consisting of some 8,000 officers and soldiers. The
national police (gendarmerie) helps provide internal security,
as does a well-armed presidential guard.
Eighty percent of Guinea's population of 5.8 million is
dependent on subsistence agriculture, with per capita annual
income estimated at barely $300. The country relies largely
on mineral resources, mainly bauxite, for export income which
has been declining due to falling world prices for bauxite.
Under the CMRN, Guinea has been attempting to create an
economic environment conducive to free market activities, and
its comprehensive economic reform program has diversified the
small salaried work force and made it less dependent on public
service jobs.
Guinea's human rights record was tarnished in May 1987 when,
after secret trials, the CMRN confirmed that 58 persons,
including 9 former cabinet ministers and 30 military officers,
had been sentenced to death. Another 143 persons were
sentenced to imprisonment. Some of the victims had been
supporters of Guinea's former dictator, Sekou Toure. Others
were opponents of the CMRN regime who had attempted a coup in
July 1985. A December 31 presidential amnesty released 67
persons, including the widow and son of Sekou Toure.
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
On May 5, 1987, the ruling CMRN issued a communigue announcing
death sentences for 58 opponents of the current regime and
supporters of the former Government. Twenty-one of the 58
were sentenced in absentia. International press reports
claimed the remaining 37 had been summarily executed before
the sentencing was even announced, probably immediately after
the 1985 coup atttempt.
b. Disappearance
No politically motivated abductions or disappearances were
reported during 1987.
127
GUINEA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The CMRN has denounced the human rights atrocities of the
former Toure dictatorship and has begun to enforce provisions
of the 1965 penal code which forbid torture and abuse of
authority. Some mistreatment of prisoners continues, and
prison conditions remain squalid and unsanitary. The
Government is attempting to implement judicial and prison
reforms which will improve conditions. A program to train
wardens and other prison personnel is being developed with the
help of the International Committee of the Red Cross (ICRC).
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Government does not have total control of the police, and
weak discipline in the lower ranks of the police, gendarmerie,
and military forces has led to isolated abuses. For example,
low level officials reportedly continue to make unauthorized
arrests in an attempt to supplement low salaries through
extortion. Presidential admonitions and frequent campaigns
against this practice in the government-owned media have not
succeeded in eliminating this practice. By law, an accused
criminal can be held incommunicado for 72 hours and only has
the right to counsel after first appearing before a judge.
There are sometimes delays in acknowledging arrests of common
criminals. Political prisoners, such as those held after the
1985 coup attempt, have been detained for extended periods of
time .
Compulsory labor is prohibited and not practiced in Guinea.
e. Denial of Fair Public Trial
The number of political prisoners and detainees still in
prison is not known. The CMRN communique of May 5, 1987, also
announced that 143 opponents of the regime were sentenced to
prison terms of 28 months to 8 years. Most of these prisoners
had been held since 1985. A presidential amnesty on December
31 released, according to the Government, 67 of these persons,
including the widow and son of former dictator Sekou Toure.
Much of the information concerning procedures of arrest,
interrogation, detention, sentencing, and release of
prisoners, under the jurisdiction of the Court of State
Security and the Military Court, was not available.
The Court of State Security was established in 1985 under the
CMRN to try cases involving national security, including, but
not limited to, treason. Civilian officials of the former
regime and civilians implicated in the July 1985 coup attempt
were tried by the Court of State Security in secret
proceedings. All accused were charged with committing common
crimes and were represented by lawyers. Sentences for some of
the accused were announced only in May 1987. Likewise, the
Military Court, also created in 1985 with jurisdiction over
offenses committed by Guinean military personnel, held secret
proceedings to judge those military personnel involved in the
July 1985 coup attempt. Details regarding those proceedings,
including verdicts and sentences, remain undisclosed.
Guinea's judicial and institutional reform continued in 1987,
including new licensing procedures for attorneys, notaries,
bailiffs and marshals. The Guinean penal code contains
provisions for presumption of innocence of accused persons,
independence of judges, equality of citizens before the law.
128 ^
GUINEA
the right of accused to counsel and to appeal a judicial
decision, and provisions for amnesty. The judiciary has
courts of first instance, or justices of the peace, at the
local level and two courts of appeal (one in Kankan, one in
Conakry). The Court of Annulment is the Guinean court of last
appeal .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government has stressed traditional family values and the
inviolability of the home. In general, the CMRN is less
willing than the previous regime to abuse police powers. In
1987 the CMRN increased police authority to fight rising
crime, but arbitrary interference in citizens' lives
continues, including through police harassment. Though not
officially sanctioned, mail and telephone calls are subject to
monitoring in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and the Press.
All media are owned and operated by the Government, and
freedom of the press does not exist. The Guinean penal code
contains numerous restrictions on speech and press freedoms;
authors must indicate name, profession, and place of residence
on every article published. Publications which incite crime
or are contrary to good morals are prohibited, as are insult,
defamation, and libel. The Ministry of Information and
Culture continues to act both as administrator and censor and
has permitted some movement in the direction of press
freedom. There was increased investigative reporting and more
noncontroversial editorials in the government-controlled media
during 1987. Many foreign publications circulate freely in
Guinea, including some critical of the Government, and no
attempt is made to interfere with foreign radio broadcasts.
Foreign press reports have raised public consciousness of
human rights issues in Guinea. A cabinet-level film
censorship board was established by decree in July 1987.
b. Freedom of Peaceful Assembly and Association
Public gatherings can take place only with the approval of the
Government. The CMRN has encouraged the formation of
nongovernmental organizations, and a number were chartered by
the Guinean Secretary of State for Decentralization in 1987.
However, governmental respect for peaceful assembly has not
been uniform. For example, meetings of the Rotary Club of
Conakry were briefly suspended in late 1986 after a government
official felt he had been insulted by the club. The Guinean
penal code bans any meeting which has an ethnic or racial
character or any gathering "whose nature threatens national
unity. "
Most salaried Guineans--many of whom are civil servants--are
affiliated with the Guinean National Labor Confederation
(CNTG), a relatively new organization with close ties to the
Government. Nongovernment workers can strike only with the
permission of the CNTG board, a reguirement which reduces the
likelihood of strikes. The Government has dealt severely with
wildcat strikers in the past. In April striking bus drivers
returned to work after strike leaders were summarily
dismissed. The strike was not sanctioned by the CNTG.
Collective bargaining has taken place in Guinea, most notably
129
GUINEA
in 1986 when the CNTG concluded an agreement with the mining
companies. The CNTG maintains relations with recognized
regional and international bodies, including the International
Labor Organization (ILO).
c. Freedom of Religion
Guineans enjoy religious freedom and tolerance of all faiths.
Missionaries can proselytize in Guinea. Although an estimated
85 percent of the population is at least nominally Muslim,
there is no official state religion. The Government observes
both major Christian and Muslim holidays.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Guineans are free to move about the country and to change
place of residence and work, although in practice they face
harassment by police and military at unauthorized roadblocks,
particularly at night. It is common for individual citizens
to pay bribes to avoid police harassment. The Government
acknowledges that drug-related crime and juvenile delinquence
have been increasing, and police patrols and authorized
checkpoints have multiplied. Foreign travel for Guinean
citizens is complex, involving considerable red tape to obtain
passports and required exit visas. Foreigners are required to
obtain prior authorization for travel into the interior of
Guinea. Recently this authorization has been granted almost
routinely.
The rapid increase in the number of Western expatriates in
Guinea since the CMRN seized power caused the Government to
tighten immigration and residence requirements for foreigners
in 1987. Foreigners require exit visas to leave Guinea.
Applications are occasionally delayed. The Government has
encouraged Guinean expatriates, including former exiles of the
Sekou Toure regime, to return home. There are still
significant numbers of Guineans living in neighboring African
countries and in France.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Guinea has had no long-term experience with democracy since
independence, and citizens are unable to change their
government under democratic procedures. The CMRN banned
political parties when it took power in April 1984, and formal
political activity does not yet exist in Guinea.
Decentralization remained a major theme in 1987, and the
Government strengthened development of local government
advisory bodies at the village level in rural areas.
Nonpartisan elections have taken place in most parts of the
country, at the subpref ecture level, for selection of
officials responsible for local development projects, and
social issues. These officials complement the subprefects,
prefects, and provincial governors appointed by the military
authorities in Conakry.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Human
Rights Violations
After the May 1987 announcement regarding the sentencing of
201 persons, the CMRN allowed Amnesty International (AI) to
send a two-member team to Guinea to investigate the legal
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GUINEA
proceedings of the Court of State Security and the Military
Court. The AI team had access to high level government
officials and to families and friends of the victims. The
Government permits a local affiliate of AI to operate.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Racial or ethnic discrimination is prohibited by the penal
code, but discrimination and mutual suspicion still affect
relations across ethnic lines within and outside the
Government. The CMRN has made efforts to include
representatives of all major ethnic groups in the Government,
but the Soussou group, to which President Conte belongs,
predominates at the highest, most influential levels. The
Government repeatedly urges Guineans to think of themselves as
a nation and not as members of a particular ethnic group.
Women in Guinea enjoy a special status conferred by law and
custom. A 1986 decree created a national Office on the
Condition of Women in the Secretariat of State for Social
Affairs. Guinean women have held cabinet posts,
ambassadorships, judicial positions, and other high level
government posts. Women are prominent in music, dance,
sports, and business throughout the country. Nevertheless, in
traditional, rural Guinea, women's rights are more limited by
custom. Overall, women lag behind in school enrollments and
in employment opportunities. The Government has affirmed the
principle of equal pay for equal work, but in practice women
receive less pay than men in most jobs.
CONDITIONS OF LABOR
Children are not usually employed in nonfarm jobs outside the
family. Guinea's labor and social security laws provide for
modest compensation for work-related accidents and illnesses.
Guinea's new labor code, drafted with ILO assistance, will set
higher standards for occupational health and safety, a
standardized workweek, and a minimum employment age of 17.
Significantly higher standards apply to modern mining enclaves.
In practice, application of labor standards and laws outside
the mining enclaves is highly variable. There is no minimum
wage.
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GUINEA-BISSAU
The Republic of Guinea-Bissau adopted a constitutional form of
government in May 1984, when the 4-year-old Revolutionary
Council established after the 1980 coup d'etat was abolished.
Following the promulgation of the Constitution, one-party
elections were held for the National Popular Assembly, which
in turn elected General Joao Bernardo Vieira to a 5-year term
as President of the Council of State and chose the other
members of the Council. According to the Constitution, the
Assembly decides fundamental questions of internal and
external policy, but it meets infrequently and effective power
and day-to-day control rests in the hands of the President,
the Council of State, and the party. The President serves as
Head of State, Commander-in-Chief, and General Secretary of
Guinea-Bissau's sole political party, the African Party for
the Independence of Guinea and Cape Verde (PAIGC) . Although
the President is the most powerful member of the Council,
decisionmaking is collegial rather than autocratic. The party
selects all candidates for office.
The armed forces (FARP) are responsible for state security,
both external and internal, as mandated by the Constitution.
The FARP leaders are usually members of the PAIGC and often
hold key positions in the Politburo or Central Committee.
Guinea-Bissau remains one of the least developed nations,
dependent upon foreign aid for its survival. The Government's
postindependence efforts to exercise central control over the
economy resulted in chronic shortages of most basic
commodities, high unemployment, and a weak national currency.
In 1987 the Government, continuing a program of economic
reform which began in late 1983, imposed a series of severe
austerity measures to stimulate agricultural production and
promote a shift from a state-run centralized economy to a free
market system. While the 1987 reforms resulted in strong
growth of the private sector, inflation remained high and the
urban populations witnessed a sharp drop in their standard of
living and purchasing power.
Persons accused of political crimes are tried by military
tribunals. Approximately 40 men remain imprisoned on an
island in the Bijagos Archipelago. Most of these prisoners
are serving sentences for complicity in a plot to overthrow
President Vieira in October 1985. There have been no
executions since six leaders of the 1985 plot were executed in
July 1986.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of officially inspired political killing.
b. Disappearance
There were no known cases of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no known instances of torture and other cruel,
inhuman, or degrading treatment or punishment in 1987. The
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GUINEA-BISSAU
Constitution prohibits cruel and inhuman punishment. However,
prison conditions are unsanitary and cramped, and interrogation
methods are severe. Prisoners' families routinely bring them
food and medical supplies.
Amnesty International (AI) received reports in 1986 that some
of the detainees arrested in connection with the 1985 coup
plot had been beaten and otherwise ill-treated.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Arrests in Guinea-Bissau are frequently arbitrary, as arrest
procedures are undefined and the use of arrest warrants is the
exception rather than the rule. The modern legal system,
inherited from the Portuguese colonial regime but modified by
the Constitution, includes important procedural rights, such
as the right to counsel and the right to a judicial
determination of the legality of detention. Bail procedures
are observed erratically. The Government has on occasion
detained members of movements deemed hostile to the regime,
such as the Yanque-Yanque religious movement. The Government
has the legal right to exile prisoners but did not do so in
1987.
There is no forced or compulsory labor in Guinea-Bissau.
Conscientious objectors are not exempt from military service.
e. Denial of Fair Public Trial
Traditional law still prevails in most rural areas, and many
urban dwellers continue to bring judicial disputes to
recognized traditional counsellors. The official judicial
system is based on the Portuguese model. With some exceptions,
intervals between arrest and trial are often lengthy. All
defense lawyers are court-appointed, as private legal practice
is prohibited. The judiciary is a part of the executive
branch. Trials involving state security usually are not open
to outside observers and are conducted by military tribunals.
FARP members are tried by military courts for all offenses.
The Supreme Court is the final court of appeal for both
civilian and military cases except those involving national
security matters, in which instance the Council of State
reviews all decisions.
The 1986 trials of former Vice President of the Council of
State, Colonel Paulo Correia, and 55 others took place before
the Superior Military Tribunal, the highest military court.
The 12 persons sentenced to death appealed to the Council of
State for clemency and, as a result, 6 had their death
sentences commuted to 15-year prison terms. AI attended one
session of the trial, and its 1987 report states it informed
the Government of its concern that the trial had not conformed
to international standards of fairness. However, it noted
there had been an invited audience and the defendants had
legal counsel.
Of those convicted in the 1986 trials described above, an
estimated 40 men remain incarcerated at a prison labor camp on
an island in the Bijagos Archipelago. Although isolated from
outside observers, the prisoners are reportedly under light
guard and are responsible for growing much of their own food.
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GUINEA-BISSAU
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution guarantees the inviolability of domicile,
person, and correspondence. These guarantees are not always
respected in cases of serious crimes or state security when,
for example, the use of search warrants is rare. International
and domestic mail is subject to surveillance and censorship.
Section 2 Respect for Civil Liberties Including:
a. Freedom of Speech and Press
The Constitution guarantees freedom of intellectual, artistic,
and scientific expression, with the significant exception of
cases in which these rights are exercised in a manner "contrary
to the promotion of social progress." In fact, the Government
controls all information media and views the press as a vehicle
of the party. Self-censorship by journalists is common;
however, some criticism and questioning of policies is
permitted, although never of individual officials. In 1987
one journalist was fired from the national radio station
following an interview with a minister during which he
allegedly asked hostile questions.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and Government approval is not required for
peaceful assemblies and demonstrations. However, all existing
organizations and associations are linked to the Government or
the party, including the sole labor union, the National Union
of the Workers of Guinea-Bissau (UNTG) , and antigovernment
meetings are not tolerated.
The UNTG is affiliated with the Communist-controlled World
Federation of Trade Unions and is a member of the Organization
of African Trade Union Unity. Strikes, while not specifically
forbidden, do not occur. The manufacturing sector is extremely
small and many major enterprises are state owned. The
overwhelming majority of salaried workers are employees of the
State, and the UNTG is forbidden to organize these public
workers .
c. Freedom of Religion
Religious freedom is guaranteed by the Constitution and has
been respected. Christians, Muslims, and animists worship
freely, and proselytizing is permitted. However, the
Government is concerned over a new and growing religious
movement known as the Yanque-Yanque . This movement, founded a
few years ago by a woman who claims to receive visions and to
have healing powers, finds its support mainly among young
people of the Balanta tribe. Yanque-Yanque is a monotheistic
religion which rejects traditional animist. Christian, and
Muslim values and is characterized by unusual and sometimes
violent rituals which include the taking of a locally produced
narcotic mixture. These rituals have occasionally caused
physical harm to participants and even to persons outside the
movement. The Yanque-Yanque reject modern social and economic
structures including, by implication, the Government. While
Yanque-Yanque does not presently constitute a political
movement, the Government has maintained surveillance on
members and occasionally questioned, detained, and even
arrested its leaders on narcotics charges. The occasional
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GUINEA-BISSAU
taking of drugs, without any legal repercussions, is
characteristic of the rituals of some other local religions.
d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens are allowed to move freely throughout Guinea-Bissau.
Foreign travel is not restricted, nor is citizenship revoked
for political reasons. Thousands of persons have emigrated
for economic reasons. Return of expatriates is encouraged,
although the 1986 deaths of two opposition members in a
mysterious car accident during their forced repatriation from
Senegal convinced some government opponents that they would
not be welcomed back to Guinea-Bissau. While sympathetic to
the principal of asylum, Guinea-Bissau does not host
significant numbers of refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The present' political system makes no provisions for
democratic change of government. Guinea-Bissau is led by the
PAIGC party and military (FAR?) elite, headed by President
Joao Bernardo Vieira. By the terms of the Constitution, all
political activity must take place within the party/state
structure. The 1984 electoral slates for the National Popular
Assembly at the district, regional, and national levels were
party-prepared lists. The President, members of the Council
of State, and National Popular Assembly deputies are elected
to 5-year terms. There are provisions for constitutional
amendments and national referendums to be initiated by the
National Popular Assembly. No single ethnic group dominates
party/government positions, but Papel and Creole (mixed-race)
groups, predominantly located in and around the capital of
Bissau, have disproportionate representation in the Government.
Women have legal equality with men and hold some influential
jobs in the party and the Government. The current Minister for
Labor and Social Security and the President of the National
Popular Assembly are both women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Although international human rights groups have visited
Guinea-Bissau, their visits have always been tightly
controlled. The Government invited an AI mission to visit in
1986. AI delegates held discussions in June 1986 with
President Vieira and many other officials and, as noted,
attended one session of the trial of Correia and others.
There are no local human rights groups in Guinea-Bissau.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The population of Guinea-Bissau comprises diverse tribal
groups, each with its own language, customs, and social
organization. The Fula, Mandinga, Balanta, Manjaca, and Papel
are important groups. Creoles enjoy an advantageous position
within the society due to their generally higher level of
education and their links abroad. Although the President and
other influential leaders regularly urge the nation to
overcome ethnic differences, the perception of economic
dominance by Creoles (and to a lesser extent Fulas) has
created resentment among other ethnic communities. Most of
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GUINEA-BISSAU
the defendants in the 1986 coup trial were members of the
Balanta ethnic group.
Discrimination against women, while officially prohibited,
continues within certain ethnic groups, especially the Muslim
Fulas and Mandinkas of the North and East. Among those groups
female genital mutilation is still practiced, despite official
prohibition and educational campaigns against this custom.
Women enjoy higher status in the societies of the Balanta,
Papel, and Bijagos groups living mainly in the southern
coastal region.
CONDITIONS OF LABOR
In an overwhelmingly rural and agricultural society,
traditional division of labor practices both between sexes and
age groups continue to prevail. Children in all rural
communities work in the fields and at home for no pay. The
Government does not attempt to discourage this practice and in
fact delays the opening of schools until the rice season has
ended. Even in the small modern sector, labor laws are
ill-defined and unevenly enforced in Guinea-Bissau, due
primarily to the extreme economic underdevelopment of the
society. However, there are government regulations covering
such matters as job-related disabilities and vacation rights,
and the Government in 1987 approved a new labor code which set
a minimum age of 14 for general factory labor and of 18 for
heavy or dangerous labor, including all labor in mines. The
normal workweek is 35 hours. There is no minimum wage.
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KENYA
Kenya, which has had an elected, civilian government since its
independence in 1963, has been a de facto one-party state
almost from independence, and a de jure one-party state since
1982. The President, Daniel T. arap Moi, maintains firm
control over both the Government and the party, the Kenyan
African National Union (KANU) . The party must approve all
candidates for political office. In 1986 there was greater
centralization of power in the KANU leadership. In 1987 the
Government reaffirmed its commitment to instituting a new
queuing (nonsecret) system of voting in party preliminary
nominations. The queuing system, however, has not yet been
actually implemented. The popularly elected National Assembly
of 158 members, plus up to 12 members appointed by the
President, is usually involved in local and regional issues
and in responding to the executive's initiatives, e.g., in
approving the controversial constitutional amendment in
December 1986 which gave the President increased powers over
the Attorney General and the Auditor General. Within the
one-party system there has been considerable electoral
competition for parliamentary seats. Under the Constitution,
elections for Parliament must be held every 5 years, and
parliamentary elections, last held in 1983, are expected in
1988.
The Kenyan Armed Forces constitute a small, professional
establishment with a total strength of about 22,000 members.
Kenya's internal security apparatus includes the Kenyan Special
Branch and Criminal Investigation Division Police, and is used
to monitor and control persons whom the State considers
subversive. Kenya's Preservation of Public Security Act
provides for detention for an indefinite period without trial
in national security cases.
Kenya's market-oriented, modern economy includes a
well-developed private sector for trade and light
manufacturing, as well as an agricultural sector that produces
sufficent food for local consumption and significant exports
of coffee, tea, and other commodities. In 1987 lower world
coffee prices contributed, however, to a growing balance of
payments problem. Economic growth continues, but at a slower
rate; unemployment continues to be a serious and growing
problem.
Kenyans are free to engage in private economic activity, own
property, belong to trade unions, practice most religions,
move freely within the country and travel abroad.
Nevertheless, human rights concerns in Kenya sharply increased
in 1986-87 amid reports of torture of prisoners, the detention
of persons without charges, and questions about the fairness
of trials of alleged subversives. In most of the cases against
those alleged to have ties with Mwakenya, a clandestine
dissident organization, prisoners were held incommunicado for
prolonged periods without legal representation. There have
been credible reports that in some cases confessions were
extracted through torture or ill-treatment or the threat of
such treatment. Some reports indicated that between 200 to
300 persons were detained temporarily in 1986, mainly on
suspicion of belonging to Mwakenya. In 1987 the number of
arrests and convictions for Mwakenya activities declined, and
there were fewer allegations of mistreatment. The Government
of Kenya acknowledged that 14 people were held without trial
under the Public Security Act during 1987, nine of whom had
been detained in 1986 and two in 1987. Three of these
detainees were released in December 1987.
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KENYA
RESPECT FOR HUMAN RIGHTS
SECTION 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no political assassinations in Kenya in 1987.
There was a death in police custody of a businessman being
held for investigation for links to Mwakenya . Evidence also
emerged of a similar death of a carpenter in police custody in
1986. In both instances, families have asked for
investigations, alleging that death resulted from abusive
treatment. Public judicial inquests into these deaths (Peter
Karanja and Stephen Wanjema) were under way in late 1987, but
had not reached any conclusions by the end of the year.
Altogether, 4 persons are known to have died in police custody
(see below) under ambiguous circumstances.
b. Disappearance
Although Kenyan law requires that an arrested person be
brought before a court or released within "a reasonable period
of time," Kenyan authorities have held people for prolonged
periods without formal charges. In some cases, authorities
have detained persons and have failed to acknowledge the fact
when inquiries were made. According to Amnesty International
and local reports, at least 25 people were held in this
fashion in 1987 before it was confirmed that they were in
police custody. Some were later released, and others were
formally charged. Two were later officially detained under
the Preservation of Public Security Act. In a case currently
before the courts, the wife of a missing Kiambu farmer learned
that her husband had been shot by the police only after she
retained a lawyer and filed for habeas corpus. Police stated
that they had shot the man, who had been arrested on suspicion
of robbery, while he was trying to escape. Despite a court
order that the police produce the body for examination by
independent experts, 5 months after the case began the police
had not done so.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is officially proscribed under the Constitution.
Nevertheless, allegations of torture have been made, and in
some cases evidence of it has been introduced in the Kenyan
courts. Torture has been cited in the Kenyan press and has
been noted by human rights organizations and in the
international media. Several persons detained on suspicion of
security-related offenses have stated that they were tortured
by officers of the Special Branch and Criminal Investigation
Division police at their headquarters in Nairobi. Reported
methods of torture included confinement for lengthy periods in
a basement cell flooded with about 2 inches of water, severe
beatings, deprivation of food and sleep, and various forms of
intimidation.
In February 1987, a Nairobi lawyer, Gibson Kamau Kuria,
submitted notices to sue the Government for illegal detention
and torture on behalf of four incarcerated persons, one of
whom had died in custody. The lawyer was himself detained
shortly thereafter under the Preservation of Public Security
Act. Kuria along with two other detainees was released
December 12. His cases against the Government have not yet
138
been heard. Several defendants in Mwakenya trials have
complained in court that their confessions were the result of
torture. Presiding magistrates in these cases have not
inquired into these alleged offenses. In April 1987, President
Moi announced a clean-up of the police forces. According to
the Kenyan authorities, 19 policemen have subsequently been
investigated or charged. At the end of 1987, however, the
Government had publicly investigated or prosecuted few if any
of the alleged abuses.
In nonpolitical cases, abuse of prisoners has also occurred.
Several allegations of such mistreatment were reported in the
Kenyan and international press in 1987. Two people, a Ugandan
teacher from Kisii in western Kenya and a farmer from Kiambu
(mentioned above), died in police custody, apparently at police
hands. The police in the first of these cases were acquitted.
The second case is still being pursued in court by the victim's
family. In a Bungoma case, a magistrate ordered a defendant
to be taken to the hospital after seeing injuries allegedly
inflicted by the police. In two other recent instances,
defendants have stated in court that they had been mistreated
by the police. In cases where torture has been alleged, the
Kenyan courts have ruled that due process required the
dismissal of illegally obtained confessions. A magistrate in
a Nairobi case ruled that statements taken from two defendants
were inadmissible because they had been tortured during
interrogation. In a well-publicized case in Machakos, 14
people were acquitted after confessing to murder when a court
upheld their claims of having been tortured into making
confessions .
Prison conditions in Kenya are poor. Detainees and prisoners
have complained of beatings, poor food, lack of access to
medical care, and inadequate facilities. Prisoners often are
required to sleep on cold, cement floors. The Preservation of
Public Security Act allows detainees to be held in solitary
confinement, with no outside contact with family or legal
counsel, although in some cases lawyers and family members
have been allowed to visit detainees. Correspondence with
prisoners is monitored and occasionally not delivered.
Prisoners are allowed one short visit per month by family
members. Prison or security officials are usually present
when detainees or prisoners consult with attorneys or family
members .
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution provides that any arrested or detained person
(except those under the Preservation of Public Security Act)
shall be brought before a court "as soon as is reasonably
practicable," and that if such person is not brought within 24
hours of his arrest or from the commencement of his detention,
the burden of explanation is on the authorities. In practice,
however, many arrested persons are held for long periods
without being charged or taken before the courts. In November,
six students were held for 13 days without charge after their
arrests on the University of Nairobi campus. Five of these
were released on bonds of good conduct. After 15 days of
detention without charge, the sixth student pleaded guilty to
a charge of providing information to the Libyan Embassy in
Nairobi. In one instance in 1987, an American citizen was
held for questioning for more than 24 hours without charge and
without access to a lawyer. Another American citizen was
jailed for 3 months without notification to the U.S. Embassy.
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KENYA
Although Embassy officers eventually gained access to him, an
initial effort to see him was prohibited by prison officials.
Mwakenya is a Marxist-oriented organization which is illegal
under Kenyan law because it is clandestine and advocates the
overthrow of the Kenyan Government. Those Mwakenya suspects
who have been charged have generally been charged with taking
an illegal oath to the organization or for possession of its
literature. In its 1987 Report, Amnesty International
indicated that over 200 persons had been arrested in 1986,
mainly for suspected ties to Mwakenya. The number of persons
apprehended in 1987 for possible Mwakenya connections appears
to have decreased. In Mwakenya cases, suspects have been
arrested secretly and held incommunicado for several weeks
before being charged and taken before a magistrate or being
officially detained under the Preservation of Public Security
Act, which allows for indefinite detention without trial or
charge. In these cases detainees have been permitted neither
legal counsel nor access to family during the period of
incarceration prior to trial. During this period of
incommunicado detention, many Mwakenya suspects have made
confessions on which they have subsequently been convicted.
There have been credible reports that some of these confessions
were extracted through torture and ill-treatment. Some
observers have also suggested that Mwakenya suspects, faced
with the options of indefinite detention under the
Preservation of Public Security Act or a definite term in
prison based on a confession and conviction, chose the
latter. At the end of 1987, the Government claimed it was
holding 11 persons under the Preservation of Public Security
Act. Nine of the 11 were detained in 1986 and 1987.
Neither exile nor the threat of exile is used by the Government
as a means of intimidation or punishment. Self-exile is a
course of action sometimes chosen by Kenyan dissidents.
Several Kenyans have moved to foreign countries and announced
that they will not return to Kenya for fear of persecution by
the Government. One of the self-exiled individuals stated
publicly that he was willing to assume the leadership of the
Mwakenya movement. In some cases, the Government states that
these exiles are wanted for questioning for possible criminal
charges in Kenya, although in most cases the exiles have not
been formally charged with crimes. The Government has invited
some of the exiles to return and publicly announced that they
would be safe in Kenya. In 1987 none of the people who had
chosen exile abroad accepted the offer to return.
Kenya has not ratified the International Labor Organization
(ILO) convention No. 105 on The Universal Abolition of Forced
Labor. Forced labor is not practiced in Kenya.
e. Denial of Fair Public Trial
Although Kenyans have a constitutional right to a fair public
trial, this right has been circumscribed in most cases
involving alleged Mwakenya membership or involvement. In 1986
at least 52 people were convicted for involvement with
Mwakenya, with another 28 such convictions in 1987. In most
of these cases, defendants were charged with membership in,
and taking an unlawful oath to, a subversive organization,
possessing seditious literature, or failing to report the
existence of such literature. The Mwakenya trials are held in
a magistrate's court, open to the public, but usually held
late in the afternoon without prior announcement, so that the
defendants' family and the press were often unaware of the
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KENYA
time of the trial. Most of the defendants have been held
incommunicado without charges for significant periods before
the trial. None of the defendants has been represented by
legal counsel or allowed to present witnesses. In most cases,
the defendants have not spoken during the trial. In all
Mwakenya trials, the defendants have pleaded guilty. In most
cases, the guilty plea was the only evidence presented against
them in very brief magistrate court trials. In Kenya, appeal
of the verdict is not allowed when a guilty plea is entered.
However, appeal of sentence is permitted.
The Kenyan judiciary usually exhibits considerable
independence, although the Government has reportedly put
pressure on judges in sensitive cases. High Court justices
are appointed and dismissed solely at the pleasure of the
President and are thus susceptible to executive pressure. In
one 1987 case involving the death of a robbery suspect in
police custody, a judge was taken off the case by the Chief
Justice after he had threatened to hold in contempt a high-
ranking security official. In October 1987, Kenya's Solicitor
General was put on compulsory leave by the Attorney General
without public explanation. The Solicitor General was later
replaced. In cases involving detention under the Preservation
of Public Security Act, judicial authority is limited to
ensuring compliance with procedural provisions. In most other
cases, the right to a fair public trial is usually observed,
although long delays and postponements are common.
Civilians are tried in civilian courts, and verdicts may be
appealed to the Kenyan High Court. Military personnel are
tried by military courts, and verdicts may be appealed. Judge
advocates are appointed on a case-by-case basis by the Chief
Justice. Members of the press regularly attend and report on
court proceedings, both civilian and military. Kenyans do not
have a right to representation by legal counsel, except in
certain capital cases. Most, but not all, persons tried for
capital crimes are provided counsel free of charge if they
cannot afford it. The Government's action in detaining
without trial an attorney who had brought charges of illegal
detention and torture on behalf of four political detainees
could have the effect of intimidating vigorous legal
representation in security cases (see Section I.e.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Search warrants are not required under the Constitution in
certain specified instances "to promote the public benefit,"
which include security cases. Security officials sometimes
conduct searches without court warrants to apprehend suspected
criminals or seize property believed to be stolen. The homes
of suspected dissidents have been entered and searched for
subversive or incriminating documents. Numerous rooms in
University of Nairobi residence halls were entered without
warrants during the November disturbances. Security forces
reportedly employ a variety of surveillance techniques,
including electronic surveillance and a network of informers.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom of speech and
press, the exercise of such rights is to some extent
restricted. The range of allowable discussion in the
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Parliament is broad on local affairs, but no criticism of the
President is tolerated, and national issues such as foreign
affairs are rarely discussed. In 1986 one Member of
Parliament, who had twice voted against the constitutional
amendment increasing the power of the President over the
Attorney General and the Auditor General, was ordered out of
the Parliament building by the Speaker for the third vote
because he refused to apologize for certain comments he had
made. He and one other Member of Parliament were briefly held
by the police without charge in January 1987.
There is no systematic or formal censorship of the press,
although the press practices self-censorship. The press
confines commentary within widely understood but legally
undefined limits. As an example, the press criticizes
government policies and occasionally reports unflattering news
about government officials, but never criticizes the President.
At times the Government intervenes to tell editors how to
handle sensitive stories. Pressure has been brought on
journalists and publications considered to have strayed too
far from the government line. Some journalists have been
fired by their news organizations, and several imprisoned for
seditious activities in the past 18 months. The Kenyan press
has reported a number of the Mwakenya case trials, even though
these were not announced in advance. In one instance, a
Mwakenya trial was canceled when the court apparently realized
that members of the press were present. A Kenyan journalist,
Paul Amina, known to have covered some Mwakenya cases, was
detained in August 1987 under the Preservation of Public
Security regulations and held incommunicado. In November two
Voice of Kenya employees were detained without charge, but
both were subsequently released.
Government criticism of outspoken clergymen and politicians,
as well as the detention provisions of the Preservation of
Public Security Act, discourage public exchange of views on
some political topics. In 1987 the Government increasingly
criticized foreign journalists for alleged bias and
prevarication in their human rights reporting on Kenya. On
November 4, Western journalists covering university
disturbances were beaten by police at the scene of the
disturbances and briefly detained, although they had
identified themselves as members of the foreign press. A
positive sign has been that the Kenyan press has been willing
in some cases to deal with such issues as torture and
allegations of police corruption and brutality.
Privately owned newspapers and journals are published in
Kenya. Newspapers, magazines, and books from abroad are
readily available. Books by Kenyan dissidents in self-exile
abroad have been reviewed by the local press and are available
in Kenya. However, in 1986 a Nairobi newspaper published a
list of 18 publications that are prohibited in Kenya. More
than 100 foreign journalists representing major Western news
organizations are based in Kenya.
Kenya has a 10-12 member film censorship board under the
supervision of the Ministry of Culture and Social Sciences.
While the board must approve all films shown in Kenya, a
variety of uncut foreign films are available. A 10-member
television censorship board has established guidelines that
govern what can be shown on television. The single television
station and all radio stations are owned and controlled by the
Government .
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b. Freedom of Peaceful Assembly and Association
The rights of freedom of assembly and association provided for
in the Constitution are limited by the Public Order and Police
Act, which gives local authorities wide powers to control
public gatherings, defined as three or more persons. It is
illegal to convene an unlicensed meeting, and politicians have
been investigated or arrested for violations of this statute.
Licenses to hold public meetings are rarely denied. When
denied, the grounds usually are that the proposed meeting might
disturb civil order. With the exception of civil servants, who
are required to join KANU, Kenyans are not officially required
to join any political organization. Some Kenyans have
complained of intimidation and harassment during local KANU
membership drives. Party membership has in fact become a test
of one's loyalty to the Government. The party and the
Government both emphasize, however, that party membership is
strictly voluntary.
Labor unions enjoy the right to organize freely, but the right
to strike is severely curtailed. The only trade union
confederation, the Central Organization of Trade Unions
(COTU) , is affiliated with the Organization of African Trade
Union Unity and maintains friendly relations (though not
affiliation) with the International Confederation of Free
Trade Unions (ICFTU). COTU also sends observers to the
congress of World Federation of Trade Unions. Individual
unions in COTU are permitted to belong to international trade
secretariats .
Employers are also free to organize and have formed the
Federation of Kenyan Employers (FKE) which along with COTU
sends representatives to the annual ILO meeting in Geneva.
The Government has formally constituted a tripartite committee
of government, FKE, and COTU representatives which regularly
meets to discuss a wide range of labor issues. In 1987 a
Civil Service Association was formed but without the right to
bargain collectively or to strike. Kenyan law permits an open
shop whereby workers are given a choice whether or not to join
a union and provides for a check-off system for the collection
of union dues .
Complex labor legislation renders strikes virtually illegal.
Strikes are permitted only when the Ministry of Labor has not
taken action toward resolution within 21 days from the formal
declaration of a dispute. In August, after almost 1 month of
an illegal strike by factory workers in Thika, the Government
intervened to end the strike when other unions joined it.
Wildcat strikes do occur; city workers stopped work for a day
in December to protest the Government's failure to pay wages
overdue since August. Sympathy strikes, however, are illegal.
Most union disputes are settled by the parties themselves or
by appealing to the Industrial Relations Court, a dispute-
resolution body with a well-earned reputation for fairness and
impartiality. The Industrial Relations Court is also
responsible for approving all collective bargaining agreements.
The Court has become the model for several other industrial
courts in Africa.
c. Freedom of Religion
Freedom of worship is protected in the Constitution and for
the most part allowed in practice. Foreign missionaries of
many denominations are permitted to work in Kenya. In November
seven Americans were deported after the publication of a
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memorandum indicating that they, in collusion with the Ku Klux
Klan, were plotting the overthrow of the Kenyan Government.
The missionaries and the U.S. Embassy stated that the
memorandum was a forgery. The missionaries were deported on
short notice and were not permitted the opportunity to refute
the allegation. Nevertheless, it does not appear that
religious intolerance played any role in their deportation.
New churches must receive the approval of the Kenyan
Government to be registered in Kenya. The Church of Jesus
Christ of Latter-Day Saints has tried without success for 6
years to obtain registration. The Government has not, however,
interfered with Mormon meetings during this period. In
November the Government announced without explanation that five
churches, including the Association of Jehovah's Witnesses in
East Africa, had been deregistered . Several of the churches
have appealed the action, and the Jehovah's Witnesses in late
November received a stay order from the High Court.
There is no religious requirement for voting or holding
office. Clergymen in Kenya have spoken out on political as
well as religious issues from their pulpits. In 1987
government leaders criticized some members of the clergy for
making political statements, e.g., criticism of the queuing
system. One prominent clergyman was transferred by hir church
from Nairobi to a rural area in a controversy over political
sermons. He resigned rather than accept the transfer. In
September 1987, the new Chairman of the National Council of
Churches of Kenya reaffirmed the duty of the clergy to speak
out about social and political ills. President Moi confirmed
that churches have a duty to speak out on social ills.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
In general, Kenyans can travel freely both within Kenya and
abroad. Travel within Kenya is restricted only by provisions
of the Preservation of Public Security Act, which limits
movement of persons considered dangerous to the public
security. These provisions are rarely invoked. Although
Kenya does not prohibit emigration of its citizens, the Kenyan
Government impounded the passports of the wife and children of
a Kenyan dissident in exile in 1987. In contrast to 1986,
when a Kenyan journalist was stripped of his citizenship,
there were no instances of citizenship being revoked for
political reasons in 1987.
Kenya continues to accept refugees, despite its own high
population growth rate and severe unemployment. The United
Nations High Commissioner for Refugees estimates that in 1987
Kenya provided refuge to approximately 12,000 refugees, and
there are perhaps another 5,000 displaced persons not
officially registered as refugees. In particular, continued
unrest in Uganda has prompted several thousand Ugandans to
enter Kenya. Refugees and displaced persons have not been
forced to return to their country of origin.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
President Moi and a small group of advisers control all major
policy decisions in the Government and the party. The Kenyan
Constitution prohibits formation of any political party other
than KANU; citizens cannot, therefore, replace the party in
power through the electoral process. Since 1964 (when Kenya
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converted to a Presidential system), the party's candidate for
President has been unopposed. A number of candidates usually
have competed for party and national assembly elections.
Local party branches must clear all candidates for political
office. In the past, there have been few instances when local
party clearances have been denied. For the 1988 party
nomination process, the party leadership has adopted a queuing
system of voting whereby party members are to queue physically
for the candidates of their choice on election day, thus
eliminating the secrecy of the ballot for the nomination.
Under the new party rules, no more than 3 KANU-selected
candidates will be permitted to run in each constituency in
the general election. Any person who receives 70 percent of
the vote in the party election will automatically run unopposed
in the general election, which is by secret ballot. Party
leaders have stated that the new procedures will ensure that
candidates in the general election represent more than narrow
ethnic coalitions. Concern has been expressed that the queuing
method is a means for the party leadership to tighten control
over party and general elections and that the 70 percent rule
would disenfranchise voters who do not join KANU. Parliament
has not debated the queuing system, and the President has
warned Parliament against discussion of it.
In Kenya's postindependence history, neither the President nor
the Vice President has faced an opposing candidate. Members
of all ethnic groups are permitted to run for office.
President Moi has broadened ethnic representation at the
Minister and Assistant Minister level. Persons from 12
different ethnic groups hold Cabinet portfolios. Seventeen
ethnic groups, including one Caucasian, are represented at the
Assistant Minister level. Three women hold seats in the
National Assembly, and more than 20 women were elected to
municipal offices in the 1983 elections.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is sensitive to criticism regarding alleged
human rights violations and discourages Kenyans from providing
outside human rights groups with information. President Moi
has publicly attacked Amnesty International and other groups
for meddling in Kenya's internal affairs. Except in public
statements which attacked Amnesty International's veracity and
motives, the Government has not replied to the extensive
Amnesty International survey of human rights in Kenya,
published in July 1987, which appealed to the Government to
abandon the use of detention without charge, to institute
safeguards against torture, and to ensure full due process for
all those tried.
There are several Kenyan organizations which address issues
related to human rights, such as the Law Society of Kenya, but
none which focuses exclusively on human rights concerns.
Kenya has not ratified the Organization of African Unity's
Human and Peoples' Rights Charter adopted at that
Organization's 1981 summit in Nairobi.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Kenya is a diverse country that does not practice legal
discrimination on the basis of race, sex, religion, language,
or social status. Women remain under represented in educational
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institutions, government, and business, despite recent gains
and the emergence of influential women in government and the
professions. Government policy is less of a factor affecting
women, however, than the traditional culture that has long
prescribed limited roles for them. Women are a crucial factor
in Kenyan labor and provide approximately three-quarters of
agricultural labor. Women are likely to retain this role for
the near future, as there is a continuing migration of men to
cities in search of higher paying jobs. In the modern sector,
women frequently earn less than men for comparable work. The
public law institute has sponsored a campaign to halt violence
against women, as well as a women's rights awareness program
which put up signs on buses announcing "violence against women
is against the law." There are also women's groups in Kenya
which attempt to educate and help women attain their rights.
Some Kenyan ethnic groups still practice female circumcision,
although the Government has mounted a campaign against the
practice and prohibits such operations in government hospitals.
Kenya's Asian community, numbering about 65,000, accounts for
a large share of the nation's economic output. The
Government's policy of Africanization of the economy has
resulted in some Asian emigration, and non-Africans are
concerned about the long-term implications of the policy.
Kenya amended its Citizenship Law in 1984, depriving some
Asians and Europeans of citizenship. Under the present law,
people born in Kenya of non-Kenyan parents can no longer claim
Kenyan citizenship.
CONDITIONS OF LABOR
Kenya's population of approximately 21 million is projected to
double by the early part of the 21st century. Urbanization
continues to accelerate rapidly, although approximately 80
percent of Kenyans continue to live in rural areas--many as
subsistence farmers. The legal minimum age for employment is
16, but the law is difficult to enforce, and many children
work at an earlier age as unskilled laborers or domestic
employees both in rural areas (especially in agriculture) and
in urban areas. Kenya has adequate legislation to provide
acceptable and safe working conditions. The Government,
however, is often unable to enforce compliance. The maximum
legally allowed workweek is 52 hours. All workers are
entitled to at least 1 rest day per week, paid sick leave,
paid annual leave, and holidays. The Government has enacted
minimum wage legislation based on occupation, age, and
location. Under current law, the minimum wage ranges from
about $16 per month for an unskilled laborer under age 18 in a
rural area to about $88 per month for a cashier in Nairobi or
Mombasa. A social security system paying retirement benefits
exists in nascent form.
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On January 20, 1986 the regime of Prime Minister Leabua
Jonathan, which had ruled Lesotho since 1966, was ousted by
the Lesotho Paramilitary Force (LPF) . The coup leaders
established a Military Council, abolished the post of prime
minister, and formally conferred all legislative and executive
power on Moshoeshoe II, the previously powerless King of
Lesotho. Since the 1986 coup, the Military Council, led by
Major General J. M. Lekhanya, and the King have ruled by
decree; however, an appointed Council of Ministers, which
includes civilians, administers the day-to-day operations of
government. During 1987 the new regime continued its ban on
"political activity," giving no indication when Lesotho might
revert to constitutional rule.
Since its rise to power, the military Government has promoted
a policy of national reconciliation. In 1987 it again called
for the return of Basotho nationals who had exiled themselves
for political or economic reasons. Ntsu Mokhehle, the aging
exiled leader of the Basotho Congress Party, and the outlawed
Lesotho Liberation Army (LLA) continued to reject the
Government's general amnesty. The Government has placed
special emphasis on pragmatic, cooperative relations with
South Africa, attempting to balance geographic and economic
realities with commitments to African regional cooperation.
A landlocked country completely surrounded by South Africa,
Lesotho is almost entirely dependent on its neighbor for
trade, finance, employment, and access to the outside world.
About half of the male labor force is employed in South
Africa's mines, and remittances from workers (more than $300
million annually) are a critical factor in the economy,
especially in financing imports.
Human rights continue to be circumscribed under the military
Government, but its goal of national reconciliation receives
strong popular support. In this reconciliation effort, the
Government did not bring legal actions against former members
of the Jonathan Government and has welcomed back some 500
exiles, mainly from South Africa and Botswana. (Jonathan died
in 1987 of cancer in a South African hospital.) However, the
Government reportedly discharged in 1987 a number of
"politically incompatible individuals," both in the military
and civil services, for suspected loyalty to the previous
Government. While the climate of personal security improved
in 1987, the 1986 deaths of two senior military officers who
had opposed the coup, and two former ministers and their
wives, have never been satisfactorily explained or
investigated. Also, in 1987 there were several unexplained
but clearly politically motivated "warning" attacks (no
casualties) against suspected members of the African National
Congress and the Pan African Congress still residing in
Lesotho .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The brutal 1986 murders of former Ministers of Information and
Foreign Affairs, Desmond Sixishe and Vincent Makhele and their
wives, still have not been resolved. A government
investigation has failed to identify the perpetrators of the
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crime, and there has been a lack, of official disclosure about
it. Similarly, there have been no further revelations
concerning the deaths in March 1986 of two senior Royal
Lesotho Defense Force officers who had opposed the coup and
who subsequently died while in official custody on charges
related to events during the 1986 coup.
Amnesty International, in its 1987 Report, indicated that the
two former ministers and their wives had been victims of
politically motivated killings, alleged to have been carried
out by government agents, and that the deaths of the two
senior military officers had been caused by ill-treatment.
b. Disappearance
There were no known instances of disappearance of Basotho
nationals. Although there were several confirmed
disappearances of South African refugees in 1986, none were
reported during 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The advent of the new military Government resulted in stricter
discipline over police forces, and accordingly there has been
a decrease in the number of allegations of improper police and
military conduct. However, isolated beatings and harsh
interrogations of criminal suspects are still reported to
occur .
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
In August 1986, the military Government restricted the
movements of several former ministers, including former Prime
Minister Jonathan, to their home areas, allegedly for plotting
to overthrow the new Government. This "home area" detention
was lifted in 1987. Jonathan was somewhat belatedly allowed
to leave Lesotho for medical treatment in April 1987; he died
of natural causes while undergoing treatment in South Africa
shortly thereafter.
Established procedures remain in effect under the new
Government for normal civil and criminal cases, including the
right of a detainee to an early determination of the legality
of his detention. The 1981 Criminal Procedures and Evidence
Act, as amended in 1984, prohibits bail in cases of armed
robbery.
In political cases, the Internal Security (General) Act of
1984 applies. This Act provides for preventive detention
without charge or trial for up to 42 days (the first 14 days
on order of the police; the second 14 days on order of the
police commissioner; and the final 14 days only on order of a
government minister). Detainees may be held incommunicado for
up to 14 days. During the second stage of the detention,
ministerially appointed "advisors" (all government employees
to date) report on the health of the detainee, investigate
whether the detainee has been involved in subversive
activities, and advise the Minister of Justice and Prisons on
the need for continued detention. Detainees under the Act may
make representations on their own treatment only through the
advisors. The 1984 Internal Security Act also allows for
detention of witnesses in security cases.
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Observers report that there were only two cases of preventive
detention under the Act during 1987. Both detainees sought
redress through established judicial procedures and
subsequently were released.
As one of its first major acts, the military Government
declared a general amnesty for all Basotho in exile, which was
specifically aimed at Ntsu Mokhehle, exiled leader of the
Basotho Congress Party (BCP), and his followers. The
Government continues to maintain that they are free to return
without fear of retaliation for past activities, and in fact
has privately urged Mokhehle to do so. However, Mokhehle
rejected the Government's offer of amnesty, and continued to
call for free elections.
In spite of Mokhehle 's attitude, the Government's amnesty
program for political exiles continued to receive a fair
response over the past year; returnees since the coup now
number over 500, mostly from South Africa and Botswana, and
they have generally been received without harassment or
political retribution.
There is no forced labor practiced in Lesotho.
e. Denial of Fair Public Trial
The judiciary in Lesotho remains independent under the
military Government. The courts have acted to limit
infringements of law and procedure on numerous occasions in
past years, as in the case of two 1987 detentions. Court
decisions and rulings are respected by the authorities.
Accused persons have the right to counsel. Under the system
of Roman-Dutch law applied in Lesotho, there is no trial by
jury. The judiciary consists of a Court of Appeal, the High
Court, magistrate courts, and customary or traditional courts
which exist largely in rural areas to administer customary
tribal laws. Members of the High Court serve in an advisory
capacity to military tribunals and provide guidance on
questions of legal procedure and substance. This service is
available to both prosecutors and the accused.
The military regime did not prosecute Jonathan or other
members of his regime for political or other crimes. A number
of soldiers from the Lesotho Paramilitary Force who, in
effect, mutinied against the force command structure prior to
the January 1986 coup were reportedly put on trial. However,
no judgment in their case has yet been made public. As noted
in Section l.a., two of those persons died while in custody,
possibly as a result of ill-treatment by government
officials. Court martial proceedings were reportedly
instituted against several other military personnel in
November 1986, but the status of these proceedings had not
been revealed at the end of 1987.
The new Government continued programs in 1987 to increase
familiarity with the law and its protection of individual
rights through the educational system. The King's "practical
law project," which is backed by the Ministers of Law and
Education as well as by the judiciary, has begun to introduce
a basic course on these subjects into the Lesotho high school
curriculum.
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f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In general, these rights are respected in Lesotho, although
under the Internal Security Act, the police have wide powers
to stop and search persons and vehicles and to enter homes or
other places for a similar purpose without a warrant. There
were no reports of forced entry by authorities into private
homes in Lesotho in 1987. <
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Human Rights Act of 1983 provides for freedom of
expression but subordinates this freedom to the protection of
national security. Following the January 1985 coup, a formal
ban on politics was announced. This placed stringent
restrictions on freedom of speech and political assembly. In
particular, government Edict No. 4 prohibits individuals and
groups from making political speeches and from publishing or
distributing political party materials. In spite of this ban,
however, leaders of Lesotho's five principal political parties
made at least one joint public statement during 1987, calling
for a prompt end to the present Government and an immediate
return to civilian rule. There were no known reprisals, and
the statement was broadcast on the government-run national
radio .
Moreover, opposition viewpoints are routinely expressed in two
Sesotho-language weekly newspapers published by the Roman
Catholic Church and the Lesotho Evangelical Church, the only
privately owned newspapers in the country. The Government
controls the official media (one radio station and a weekly
newspaper) but rarely uses those media to attack its critics.
b. Freedom of Peaceful Assembly and Association.
The military Government's ban on "politics" has not been
interpreted to require the dissolution of existing political
parties, but it precludes political meetings and rallies.
Nonpolitical organizations and professional groups continue to
hold regular meetings. Numerous persons meet privately to
discuss politics. The military Government made no attempt in
1987 to inhibit such political discussion.
All trade unions in Lesotho enjoy the right to organize,
bargain collectively, and strike. The 1964 Trade Union and
Trade Disputes Law enumerates lengthy procedures which must be
followed before a strike is called. The last general strike
was in 1961. However, there were wildcat strikes in 1987
against foreign companies linked to the Lesotho National
Development Corporation over minimum wage rates. A compromise
offer ended the work action, and the Government raised minimum
wage rates in August 1987. Historically trade unionism has
played a relatively minor role in society, largely because of
the small size of the manufacturing, retail, and service
sectors .
Since 1984 the Government has supported the formation of a
single new umbrella trade union confederation. Subsequently,
24 of Lesotho's 28 independent trade unions joined the Lesotho
Congress of Free Trade Unions (LCFTU) , which held its first
convention in May 1985 and elected the existing leadership to
a 3-year term. The LCFTU also helped redraft Lesotho's badly
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outdated labor laws, which reportedly were still under review
in 1987 by the Lesotho Employers Federation.
The military- Government has supported non-LCFTU unions in the
formation of another federation, the Lesotho Federation of
Trade Unions (LFTU) . In 1987 the military Government
designated the LFTU, the much smaller rival federation, to
represent Lesotho at the International Labor Organization
(ILO) annual conference in Geneva. The Secretary General of
the LCFTU challenged the credentials of the LFTU delegation at
the Geneva ILO meeting, and on his return to Lesotho the
Government confiscated his passport. While LCFTU labor
activities have not been curtailed, the Secretary General's
passport has not been returned, and he is unable to travel
outside of the country. The LCFTU is a member of the
democratically oriented International Confederation of Free
Trade Unions as well as of the Organization of African Trade
Union Unity.
In 1987 Lesotho hosted meetings of the Southern African Labor
Commission and a Southern African Development Coordination
Conference ministerial meeting of manpower officials.
Although South African National Union of Mineworkers (NUM)
officials visit Lesotho regularly, two NUM officials, both
Basotho nationals, were briefly detained in Lesotho during the
South African miners' strike, allegedly for involvement in
"political activities." During the strike, the military
Government urged Basotho workers not to engage in political
activities in South Africa.
c. Freedom of Religion
There is no state religion in Lesotho. Free and open
religious practice is permitted. Christianity is the dominant
faith of the majority of Basotho, with the principal
denomination being Roman Catholic. There is a significant
Protestant minority as well, which is composed of the Lesotho
Evangelical Church (Presbyterian), the Anglican Church, and a
number of other smaller denominations. Conversion is
permitted, and there is no indication that there is any social
or political benefit or stigma attached to belonging to any
particular church.
Most church groups support the military Government's call for
national reconciliation and some groups have been outspoken in
1986 and 1987 in asking the Government to redouble its efforts
to reintegrate Ntsu Mokhehle and his exiled LLA into the
country's political life.
In 1987 church leaders disagreed with government policy which
allowed South African mining companies to recruit Basotho
replacements for striking miners during the South African
mineworkers strike. Clerical leaders issued a joint public
statement exhorting potential recruits not to join this
strikebreaking effort. Several church officials reportedly
were questioned and watched by the police but otherwise were
not harassed.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation.
Citizens generally are allowed to move freely within the
country and across national boundaries, although the Government
does not hesitate to restrict passports in political cases,
such as that of the Secretary General of the LCFTU.
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The refugee flow into Lesotho from South Africa has continued
at a slow but steady pace, currently numbering 10 to 20
refugees per month. These persons have been accorded fair
treatment, in line with Lesotho's international obligations,
and have been given expeditious transit to third countries for
resettlement .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.
The military Government which assumed power in January 1986
announced that it intends to remain in place until a process
of national reconciliation has been completed. No time frame
for this process has been announced, nor has any schedule been
set for return to civilian rule, elections, or constitutional
revision. Thus, the Basotho people currently do not have the
freedom to replace the existing regime, nor do they play an
active role in the governing process.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no requests for investigation of human rights
abuses since the present Government assumed power, and hence
its attitudes toward outside investigations are unknown. In
the past, the Jonathan Government permitted representatives of
Amnesty International to visit Lesotho to investigate human
rights conditions and to have access to some security
detainees who complained of abusive treatment. In 1987
Lesotho completed a term on the U.N. Human Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Station.
Most citizens of the Basotho nation speak a common language
and share a common historical and cultural tradition.
Nonindigenous citizens have generally married in the Basotho
ethnic group, which tends to be inclusive and assimilative in
character. Expatriate communities are small and not
considered to be a major factor in the country's political
life. Asians (primarily ethnic Chinese and Indians) and white
South Africans are active in the country's commercial sector
and are less favored than Basotho nationals. The military
Government has announced a policy aimed at " indigenization" of
the country's retail commercial sector and has called upon
expatriate owners to transfer their businesses to Basotho
nationals. Apparently, this transfer would be done with
compensation. Exiles from South Africa have from time to time
encountered some discrimination, since they are often viewed
as magnets for real or imagined South African political or
armed intervention.
In the areas of property and contracts, married women's rights
are limited by law and custom. For example, a married woman
cannot apply for a loan without her husband's written
consent. Women in Lesotho traditionally have been the
stabilizing force in the home and in the agricultural sector,
given the absence of over 100,000 Basotho men who work in
South Africa. More female than male children complete primary
and secondary schools. Better use of women's talents and
abilities will depend on their access to credit, changes in
land tenure laws, and cultural practices. The Government has
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LESOTHO
not yet seriously addressed the issue of women's rights,
although there are a number of self-help projects initiated by
Basotho women themselves.
CONDITIONS OF LABOR
Roughly 90 percent of the labor force in Lesotho is employed
in traditional agriculture. More than half of Lesotho's male
labor force work in the Republic of South Africa, mainly in
gold and coal mines. Lesotho's Employment Act of 1967 spells
out basic workers' rights, including a 45-hour workweek, a
weekly rest period of at least 24 hours, 11 to 12 days' paid
leave per year, and pay for public holidays. Employers are
required to provide adequate light, ventilation, and sanitary
facilities for employees and to install and maintain machinery
to minimize the risk of injury. Children under 14 years of
age are prohibited from employment in other than family
businesses. Children under 16 are not allowed to work in
excess of 8 hours a day, and employers are prohibited from
employing any child in hazardous conditions. The Government
sets minimum wages for various types of work. In practice,
these regulations are generally followed only within the
wage-scale economy. Enforcement mechanisms, however, are
limited.
In the nation's traditional society, life and working
conditions for the country's young "herdboys" tend to be much
more rigorous and demanding than conditions in the modern
sector. Their quasi-pastoral life, however, is considered a
prerequisite to eventual manhood and is a fundamental feature
of Sotho life, tradition, and culture.
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LIBERIA
The Liberian Constitution provides for an American-style
democratic system of government and guaranteed rights and
freedoms for the individual. In practice, the legacy of recent
military rule and the Liberian tradition of strong executive
authority continue to prevent fulfillment of that ideal.
Samuel K. Doe, who headed the Military Government which ruled
from 1980 until the establishment of the Second Republic in
January 1986, became President after elections in which Doe's
claim of a narrow victory was widely believed to have been
fabricated. He and his ruling party. The National Democratic
Party of Liberia (NDPL) , dominate Liberian political life.
Three opposition parties are recognized and permitted to
function. Of these, one participates in electoral politics,
and two continue their boycott of the Government and
legislature to protest what they regard as a fraudulent
election.
While Liberia is now ruled by a civilian government, the army
continues to be a bulwark of the current administration.
Liberia's armed forces number about 7,000 members and are
engaged mainly in guarding border crossings and fulfilling
certain internal security functions. The lack of military
discipline, especially among poorly paid enlisted men,
resulted in much petty harassment of civilians. The police
force is small and poorly trained.
Liberia's mixed economy is based primarily on iron ore, rubber,
and timber and has been in decline since the mid-1970's. It
continues to suffer from foreign exchange shortages, widespread
corruption, low export prices, a crushing debt burden, and
governmental mismanagement. However, in 1987 there was growing
appreciation of the need for fiscal discipline, manifested by
the Government's request for American financial experts to
help improve and manage government finances.
The human rights situation improved in 1987, but serious
problems remain. Seven daily newspapers circulated in
Monrovia, including two which reappeared after being closed in
1986. Journalists played an active role in the Government's
anticorruption campaign and also reported on some human rights
abuses. Institutionally, the legislature, though dominated by
the ruling NDPL, displayed some independence from the executive
branch by rejecting three presidential nominees to the Supreme
Court and defeating or tabling several pieces of legislation
supported by the executive branch. An extensive network of
internal checkpoints, which was instituted in reaction to the
1985 coup attempt and fostered intimidation and shakedowns of
civilians, was largely dismantled late in the year. Some
persons were detained without charge on security grounds, but
none were known to be held at year's end.
On the other hand, the general weakness of the administration
of justice throughout Liberia continues to be a significant
national problem. Most judicial and police officials are
poorly trained and unaware of their legal obligations. The
level of awareness of constitutional guarantees is low among
both officials and the population at large. Arbitrary arrests
for petty offenses, even for lack of "due courtesy" to public
officials, and general harassment by military personnel occur
frequently, while prolonged detention pending trial, or even
without charge, is commonplace. A new Chief Justice, who had
promised widespread reform, was impeached by the legislature
for what many view as political reasons after becoming
involved in a major constitutional dispute with the President.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings occurring in 1987.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of officially conducted torture in 1987.
However, brutality by police and other security officials
during the arrest and questioning of individuals is fairly
common, and there have been no evident government efforts to
halt it. In November three Liberian employees of the U.S.
Embassy were detained following a traffic incident involving
one of the President's vehicles. Two of the three were
released after being held 5 days without charge and were
examined by the Embassy doctor, who found they bore evidence
of severe beatings. They were subsequently redetained, but no
charges were filed. All three were finally released in January
1988. A journalist arrested in August for photographing
security officials without authorization alleged that he was
beaten at the time of his apprehension. In May a student
leader claimed that he was abducted and beaten by plainclothes
security officers for several hours before being released.
Prison conditions, which have been bad for decades, remained
poor in 1987. Cells are often small and without windows or
ventilation. Food, exercise opportunities, and sanitary
facilities are inadequate. The maximum security prison at
Belle Yella is notorious for its harsh regimen, including hard
labor and the impossibility of family visits to prisoners given
its remote location. The cells at one military detention
facility in Monrovia are said by former inmates to be 3 feet
high with a dirt floor. Although the Constitution states that
civilians may not be confined in any military facility, this
provision is frequently ignored.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Although police must have a warrant for arrests and persons
must be charged or released within 48 hours, these
constitutional provisions are often ignored in practice,
particularly in cases involving alleged security threats or
violations. A woman arrested near the Ivorian border and
accused of communicating with Liberian dissidents in Cote
d'lvoire was detained for several months in a military
stockade without formal charges and without access to legal
counsel. The journalist mentioned in the preceding section
was held in a military cell for 5 days without being charged
and without seeing a magistrate. Seventeen villagers from
Nimba County were arrested and held for several weeks without
formal charges after being accused by security officials of
engaging in suspicious nocturnal dances and other activities.
Gabriel Doe, a Liberian businessman with ties to the
opposition, was detained without charge for 50 days,
apparently because of security concerns arising out of an
incident involving one of his fishing vessels.
155
Prolonged detention of persons without charge frequently
occurs as a result of administrative and judicial neglect.
Reports surfaced in 1987 that at least 15 young people rounded
up in a police sweep of suspected street criminals in 1984 are
still being held at Belle Yella prison, without charges, over
3 years later. Details of the case are unconfirmed; however,
it is generally acknowledged in the legal community that many
of those now being held in Liberian prisons have been
"forgotten" by the judicial system. The poor condition of the
prisons makes such delay of justice particularly egregious.
Two prisoners reportedly died in custody in 1987 after waiting
over a year for cases to be brought against them.
An American priest. Father James Hickey, resident in Liberia
for over 20 years, was detained overnight and ordered to leave
the country after the Government declared him to be an
"undesirable alien," apparently because of his political
views. Although the section of the immigration law cited by
the Government in his case requires a conviction before
deportation. Father Hickey was neither charged with a crime
nor convicted. Several Lebanese nationals, accused of customs
fraud and other economic crimes, were summarily deported in
1987, also without benefit of judicial review.
The Constitution prohibits forced labor, and the practice is
firmly condemned by the Government. However, some have
alleged that authorities in rural areas force local citizens
to work on communal farms.
e. Denial of Fair Public Trial
Liberia's civilian court system is based on Anglo-American
jurisprudence and features similar judicial bodies, with the
Supreme Court at the apex. The Constitution provides for
public trials and states that there shall be no interference
with the lawyer-client relationship. Nonetheless, the judicial
system is often subject to manipulation, and reports of
financial or political pressure on the courts are not uncommon.
Despite constitutional provisions for separation of powers,
the judiciary has a history of succumbing to the wishes of the
executive. In June President Doe requested the resignation of
the entire Supreme Court, saying that the people had lost
confidence in it. All five justices complied, avoiding a
constitutional confrontation and allowing the President to
reconstitute the bench.
The new Chief Justice, Chea Cheapoo, accepted a presidential
mandate to direct wide-ranging judicial reform and began a
major reorganization of the courts with scant regard for
constitutional provisions regarding removal of judges.
However, his efforts came to an abrupt end in November when he
was impeached by the legislature following a dispute with the
President over his handling of what he described as an
attempted bribery case. Cheapoo had arrested and detained two
persons, including a municipal court judge, for allegedly
attempting to bribe him. The Chief Justice facilitated media
coverage of the arrest and repeated allegations of
presidential involvement in bribery. The following day.
President Doe overruled Cheapoo, ordered the two released, and
asked the legislature to consider whether Cheapoo's actions
were constitutional. In impeaching Cheapoo, the legislature
found that he had overstepped his constitutional authority by
arresting a sitting judge. It also found his earlier
dismissal of magistrates and other court officials to be
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LIBERIA
unconstitutional. While political considerations reportedly
loomed large in this impeachment action, the legal issues
involved in the bribery case and the impeachment proceeding
were not clearcut. The incident prompted a significant
political debate over the separation of powers and the
constitutional prerogatives of both the executive and the
judiciary.
Persons have the right to legal counsel and to bail in
noncapital offenses. Where the accused is unable to secure
his or her own lawyer, the court is required to provide legal
services, although this is rarely done for lack of resources.
Traditional courts, presided over by tribal chiefs, are not
bound by common law or conventional judicial principles; they
apply customary and unwritten law to domestic and land disputes
as well as petty crimes. These decisions may be reviewed in
the statutory court system or appealed to a hierarchy of
chiefs. Administrative review by the Ministry of Internal
Affairs and, in some cases, a final review by the President
may follow. Allegations of corruption and incompetence in the
traditional courts are common. Local officials closed tribal
courts on the Firestone plantation in July claiming that the
traditional judges were abusing their authority.
There were no known political prisoners held in Liberian
prisons during 1987. However, several individuals have been
detained for various periods (up to 2 months in one instance)
pending "security investigations." None of the individuals
involved was a political activist.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Military indiscipline remains a serious problem, reflecting a
general lack of professionalism among poorly paid enlisted
men. This surfaces in random shakedowns of civilians and
arbitrary interrogations which, in some instances, have
resulted in violence. In two separate incidents in July,
members of the Special Anti terror ist Unit (SATU) shot and
killed civilians, one after an apparently unsuccessful
shakedown attempt and the other following a traffic
disagreement. The soldiers involved were discharged and
turned over to civilian authorities for prosecution.
Interference in the lives of ordinary citizens occurs on a
wider scale in rural areas, where local officials wield
considerable power over the day-to-day activities of people
and where proper police and judicial procedures are less
likely to be followed. During the year, soldiers investigating
alleged security threats in Nimba and Grand Cape Mount Counties
reportedly harassed and threatened villagers, injuring some
and causing others to flee into the bush. Legislators and
other officials from Nimba County, the home of the leader of
the unsuccessful 1985 coup attempt, publicly complained that
soldiers and other security officials singled out citizens of
the county for harassment. President Doe responded to these
concerns by meeting with tribal leaders from the county in
October and visiting the county in late November. Following
his visit, he announced the closure of a substantial number of
internal check points throughout the country, including many
in Nimba County.
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LIBERIA
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Liberian press is lively, and, despite some degree of
self-censorship, opposition viewpoints are presented, even on
government radio and television. All media refrain from
direct attacks on the President and certain other government
officials. Seven daily newspapers are currently published in
Monrovia, one of which is government controlled, and each of
the four political parties began publication of party
newsletters during 1987. Two daily newspapers, not published
since mid-1986 because of government pressure, resumed
publication in 1987 with President Doe's approval. Their
return to print encouraged the press to become markedly bolder
in its investigations and editorials. When President Doe
encouraged the press to investigate allegations of corruption
in government, the newspapers began to publicize official
corruption at a number of government agencies. One newspaper's
revelations led to the dismissal of the Foreign Minister and
two other officials for alleged involvement in a government
scandal .
On at least two occasions, government officials reacted
harshly to newspaper articles critical of the Government. In
February police officials summoned reporters from one newspaper
to police headquarters following publication of an article
alleging police brutality and reportedly demanded that the
paper also print their version of the incident. In October the
Supreme Court cited three journalists for contempt of court for
publishing reports which challenged the Chief Justice to
substantiate his public allegation that some journalists are
corrupt. The case was apparently dropped following the
impeachment of the Chief Justice.
The Government reinstituted mandatory official accreditation
of journalists in 1987 and issued credentials to nearly 400
print and broadcast journalists. Although there is no
evidence that any application or request was denied, the Press
Union of Liberia objected to the new procedure as a form of
"prior restraint."
The Constitution includes provisions for freedom of expression,
including freedom of speech and of the press, but also
stipulates that persons be held "fully responsible for the
abuse" of this right. Decree 88a, passed by the military
Government in 1984, declares the spread of "rumors, lies, and
disinformation" a felony. Although this decree is widely
believed to be unconstitutional, it has not been revoked or
challenged in the courts and is therefore technically still in
force. Government authorities have not invoked the decree in
the past 3 years, and no individual has ever been convicted of
a violation of it. Nonetheless, journalists and others view
the decree as an undue restriction on freedom of speech and
the press and continue to call for its abolition.
Although no foreign publications are officially banned, the
Government still prevents circulation of the magazine West
Africa, which frequently publishes articles critical of the
Liberian Government.
The government-controlled Liberian Broadcasting System runs
the only television station in Liberia and two radio stations
which give priority to government news. The Government's
rural communication network offers a combination of
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LIBERIA
entertainment and development information to otherwise
isolated areas. Two religiously affiliated, politically-
independent radio stations are in operation and report
critically on local events, though their news programs are
subject to some government scrutiny.
b. Freedom of Peaceful Assembly and Association
The constitutional right to peaceful assembly and association
is observed more often in urban areas than in rural areas. In
1987 opposition groups conducted meetings and other
organizational activities in the Monrovia area without
interference from the Government. In some cases, meetings
were allowed to be held in government facilities. However,
government authorities in the countryside often prohibit
opposition groups from holding meetings within their
jurisdictions. Margibi County officials blocked several
attempts by one opposition party to hold political meetings in
the county in 1987. When opposition meetings do take place
outside Monrovia, participants frequently are harassed. In
May soldiers in Grand Bassa County arrested and detained
several members of an opposition political party who were
conducting a membership drive. A county official claimed that
the persons concerned, who were teachers, were barred by the
Constitution from participation in "active politics." (In
fact, the Constitution does not enjoin members of any
particular profession from political activity.)
Opposition groups did not attempt to organize any significant
public demonstrations in 1987, fearing that the Government
would react harshly if they did. A 1986 Supreme Court ruling
barred joint rallies and meetings of the collective
opposition; however, leaders of the various opposition
groupings meet on an informal basis without government
interference .
The ruling NDPL party maintains a task force, composed of
several hundred young men, mostly unemployed, which opposition
parties claim exists for the sole purpose of harassing and
intimidating political opponents. After a number of violent
confrontations with opposition members over the past few years,
the NDPL task force maintained a lower profile in 1987. In
January a number of task force leaders were detained on
misdemeanor writs issued by the Ministry of Justice after they
had threatened senior NDPL officials in an intraparty dispute.
In July the United Peoples Party announced the formation of
its own task force in reaction to perceived threats from the
NDPL task force. Thus far, there have been no direct
confrontations between the two groups. Although there is no
formal policy within the Government requiring membership in
the ruling NDPL, government employees are sometimes pressured
to join the party. Most senior civil servants are members of
the NDPL.
Although Decree 2a, which bans student political activity on
campuses, is technically still in effect, students participated
in political activities during 1987. In August the Liberian
National Student Union (LINSU) , wliich has been harshly critical
of the Government, held its first National Congress in 8 years.
Student unions at the University of Liberia and Cuttington
University also held elections without incident.
Nonetheless, there were at least two attempts to restrict the
activities of student organizations and their leaders. In
March, after considerable debate, the legislature rejected a
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LIBERIA
Government-sponsored bill which would have banned LINSU. In
July the acting President of LINSU and a prominent young
member of an opposition party were dismissed from their
positions as teaching assistants at the University of Liberia.
The university administration claimed the move was unrelated
to the political activities of the two, but no other university
employees were dismissed at the time.
Workers have the right to form unions, organize, and bargain
collectively. Liberia has a national trade union federation,
the Liberian Federation of Labor Unions (LFLU) , which is an
affiliate of the International Confederation of Free Trade
Unions, and several independent unions. Union organizing,
collective bargaining, and the internal operations of trade
unions are largely free from government interference. PRC
Decree 12 outlawing strikes and "any other type of labor
unrest" is still on the books, but brief strikes have occurred
despite this ban. The new labor code, which would supersede
Decree 12 by permitting strikes under certain circumstances,
has languished in the legislature since early 1986.
The Government does not recognize the right of civil servants
or employees of parastatals (public corporations) to unionize
or to strike. In March the legislature enforced this
prohibition by invalidating the charter of the National
Teachers Union. (The organization continues to function, but
as an "association" rather than a union.) In August a
Government-sponsored Civil Service Reform Bill was introduced
in the legislature which would codify these restrictions on
government employees and also enjoin them from membership in
political parties. The LFLU, the independent unions, and the
opposition political parties voiced strong opposition to the
measure, however, and the legislature adjourned without taking
action on the bill. In 1985 the International Labor
Organization (ILO) noted that the Liberian Government's
restrictions on government employees are in violation of ILO
Convention 87 regarding freedom of association.
c. Freedom of Religion
The Constitution states that freedom of religion is a
fundamental right of all Liberian citizens. No religion has
preference over any other, and there is no established state
religion. Christianity, brought by 19th-century settlers and
spread through the interior by missionaries, has long been the
religion of the political and economic elite. The majority of
the rural population continues to practice traditional
religions. Approximately 25 percent of the population is
Muslim. The Liberian Council of Churches, an organization
comprising most of the Christian denominations in Liberia,
occasionally plays a prominent role in national affairs.
Early in 1987, a Bong County court indicted over 300 members
of the Poro, a traditional secret society based in rural
areas, for criminal offenses related to attacks on Christian
missions. Poro members alleged that Christian clergy were
divulging Poro secrets in their quest to win converts.
Charges against the indicted Poro members apparently were
dropped after the two sides agreed, with the help of
government mediation, not to interfere in each other's
activities .
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LIBERIA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides every person the right to move
freely throughout Liberia and to leave or enter Liberia at any
time. Although domestic movement was impeded by the extensive
network of internal checkpoints instituted in reaction to the
1985 coup attempt, the majority of these checkpoints were
dismantled late in the year. Police and military personnel at
these checkpoints routinely searched vehicles and solicited
bribes from passengers.
While restrictions on the foreign travel of former political
prisoners were lifted early in 1987, passport issuance was
sometimes delayed, apparently for political reasons. Exit
visas are required for all Liberians leaving the country.
Though these were routinely granted in 1987, persons wishing
to leave must first submit proof that they have paid taxes and
uti lity bi lis .
Refugees are not forced to return to the countries from which
they have fled. In a few cases, however, the Government has
sought to deport refugees who became involved in political
affairs. In 1986 the Government arrested a South African
refugee for participating in a political demonstration,
claiming that by doing so he violated the conditions of his
asylum in Liberia. The refugee was still being held in
custody without charges at the end of 1987 pending government
arrangements to deport him to another country.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite constitutional provisions and universal suffrage, it
has not conclusively been shown that citizens are free in
practice to change their government democratically. The
President and his ruling party, the NDPL, still have much more
power than other branches of government and other political
parties. Many officials from the former military regime,
which was headed by President Doe, still hold positions of
authority in the current Government, and the military, in
general, still wields substantial influence in political
affairs .
The legislature became increasingly assertive in 1987,
rejecting three presidential nominees for the Supreme Court
and defeating or deferring several pieces of legislation
supported by the executive branch. Nonetheless, the President
can still count on legislative support on issues of prime
importance to him. For example, after controversial remarks
by the Chairman of the United Peoples Party (UPP) in August,
President Doe convoked a special session of the legislature
and reportedly demanded that the party be banned. No action
was taken ultimately, but the heavy official condemnation of
the UPP leader served to chill the political atmosphere. On
another issue, the Cheapoo impeachment, the Senate was
unanimous in its impeachment conviction, despite the fact that
the general public was clearly divided on the issue. In each
of these incidents, widespread dislike for the target of the
President's ire helped him win legislative support. Opposition
parties continue to boycott the legislature; however, a group
of legislators, elected in 1985 on opposition tickets but
taking seats as independents, has formed a caucus and
functions as an informal opposition party.
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LIBERIA
The Constitution prohibits the creation of a one-party state,
ensures free and fair elections by secret ballot, and provides
for an Elections Commission to monitor all political activities
in the country. The elections law empowers the Commission to
certify parties, conduct all elections, and count election
ballots. The five Commission members are appointed by the
executive for life and currently are all ex-NDPL members.
Citing the widespread fraud that occurred during the 1985
elections, the opposition has called for an independent
vote-counting mechanism.
Three opposition political parties are officially recognized
by the Elections Commission--the United Peoples Party, the
Liberian Action Party, and the Unity Party. A fourth party,
the Liberian Unification Party (LUP) , had its charter revoked
for failure to comply with financial requirements for
registration .
In June 1987, nonpartisan elections for traditional tribal
chiefs were held by secret ballot. The Elections Commission
encountered great difficulty in educating the largely
illiterate rural population in election procedures. Reports
of vote-tampering and other irregularities also marred the
elections. A group of 47 unsuccessful candidates, from a
total of over 1,400 contenders, petitioned the Supreme Court
to invalidate the announced results. The issue dissipated
following an appeal to the chiefs from President Doe to accept
the election results.
The opposition UPP joined the NDPL in contesting byelections
for two legislative seats in December. Turnout for the
elections, which were won by the NDPL, was very low.
Controversy arose once more over vote counting procedures,
although the UPP did not formally challenge the outcome.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No international organizations are known to have sought the
Liberian Government's cooperation in 1987 to investigate any
alleged human rights violations. The Government permitted
representatives from several groups, including Amnesty
International and the Lawyers Committee for Human Rights, to
observe controversial treason trials held in 1986. The
Government received an official from the International
Committee of the Red Cross (ICRC) in May and routinely permits
representatives of the local Red Cross to visit prison
facilities in the Monrovia area. The isolated maximum security
prison at Belle Yella is generally considered off-limits to
outside inspection, though a group of reporters was permitted
to visit the facility in 1986.
The National Alliance for Peace and Human Rights, a nonpartisan
human rights organization formed by Liberians in 1986, lapsed
into inactivity in 1987, in large part because of
organizational problems. While the Government never granted
the group official recognition, there was no attempt to
prevent it from meeting.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution states that "only persons who are Negroes or
of Negro descent" shall qualify by birth or naturalization to
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LIBERIA
be citizens of Liberia. The Constitution further states that
only Liberian citizens can own real property. These provisions
discriminate against many nonblack residents who were born in
Liberia and consider it their home. Otherwise, there is no
officially sanctioned discrimination on the basis of race,
sex, religion, language, or social status. However, members
of President Doe's Krahn ethnic group hold a disproportionate
number of high posts in the Government and military and are
widely believed to be given preference in competing for
lower-level jobs.
The status of women varies by region. In urban areas and
along the coast, women can inherit land and property. In
rural areas, where traditional ties are stronger, a woman is
normally considered the property of her husband and his clan
and is not usually entitled to inherit from her husband. In
newly urban areas, many women are subject to both customary
and statutory legal systems. Female circumcision is widely
practiced by those Liberians following traditional religions.
Women in Liberia currently hold posts in the Cabinet, the
legislature, the judiciary, and professions throughout the
modern economy, but remain underrepresented in most jobs in
the wage economy.
CONDITIONS OF LABOR
Liberia's labor laws provide for minimum wages and set health
and safety standards. The minimum wage of an agricultural
worker, for example, is $2.00 per day. The workweek is
normally 40 hours. Inspection is not rigorous, however.
Employers are prohibited from employing children under 16
years of age during school hours. This is a difficult statute
to enforce, since many children are engaged in subsistence
farming and only a minority ever attend school. Any employee
can file a grievance with a labor inspector.
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MADAGASCAR
Madagascar is governed by a president and a parliament (the
National Popular Assembly), both elected by direct universal
suffrage, which together choose the Supreme Revolutionary
Council. President Didier Ratsiraka has broad constitutional
powers, and his position is further strengthened by the
influential role played by his political party, AREMA, which
holds an overwhelming majority in the National Popular
Assembly. Elections are actively contested within the
controlled political framework sanctioned by the Government.
This framework permits political activity only by the seven
parties making up the National Front for the Defense of the
Revolution. The political orientation of the seven parties
ranges from moderate and pro-Western to pro-Soviet. The
President chairs the Supreme Revolutionary Council, composed
of political and regional leaders and representatives of the
military forces. The Council approves basic policy and
guidelines, convenes and adjourns the National Popular
Assembly, and passes laws when the Assembly is not sitting.
The Malagasy internal security forces are composed of the
urban police force and the National Gendarmerie, the latter
has jurisdiction in the provinces. On occasion, the National
People's Army has also been used for internal security
purposes .
In 1987 continuing vigorous debate in the Assembly over the
recurrent stagnation of the economy and conseguent unrest led
four of the parties within the National Front to form an
opposition alliance. This alliance, in an unprecedented move,
voted against the national budget in the 1986 session, lending
further credence that a genuine opposition in Malagasy
politics may be evolving.
The Malagasy Constitution adopted in 1975 made "socialism" the
State's political philosophy. This led to the nationalization
of a major portion of the economy. The private sector was
reduced to a secondary, albeit still important, role. The
economy subsequently deteriorated as production declined,
foreign debt rose, and unemployment grew, especially among the
youth (60 percent of the population is under age 25). In
recent years, however, the Government has taken steps toward
liberalizing the economy. Reform measures in the production
and marketing of rice have, for example, begun to show
positive results.
Although fundamental liberties and individual rights are
guaranteed by the Constitution, several of these rights, such
as freedom of the press and freedom of assembly, are
restricted in practice or are subject to exclusionary clauses
in most laws. Rights such as the inviolability of the home
and due process may also be disregarded in cases involving
state security.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
While there were recurring rumors of politically motivated
killings, there has been no conclusive evidence to
substantiate such rumors. For instance, in May 1986, the
Minister of Defense, his Secretary General, and the Director
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of OMNIS (the Military Office of Strategic Industries) were
killed in a plane crash along with eight other people. While
there is no evidence that the plane was sabotaged, the
Government launched an official inquiry into the matter, the
findings of which have yet to be published. Amnesty
International in its 1986 Report (covering 1985) called on the
authorities to investigate the death of Father Sergio Sorgone,
a Roman Catholic priest, who may have been killed for political
reasons by members of the TTS, a paramilitary youth group which
supports the Government, as well as the deaths of four other
priests who may have been victims of political killings. More
recently, the near fatal stabbing in September of a senior
opposition party official and member of the Supreme
Revolutionary Council, Dr. Radio Celestin, has once again
stirred rumors of political crime.
In 1987 there was no further violence involving members of the
TTS and the "kung-fu" movement. Following street fighting in
1984, the victorious kung-fu groups began to play a vigilante
role in Antananarivo's poorer districts and thus represented a
threat to the State. The ensuing clashes in August 1985
between the military and the kung-fu adherents resulted in,
according to the official count, 20 dead, 31 wounded, and 208
arrested. In their suppression of the kung-fu threat, the
military entered some homes without court orders and ransacked
them, shot some suspects on sight, and arrested others without
formal charges.
b. Disappearance
There were no confirmed cases of politically motivated
disappearance in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While there were no documented cases of physical torture
occurring in Madagascar, some organizations in the security
apparatus, notably the state secret police, have a reputation
for ruthless methods. The kung-fu prisoners have allegedly
suffered from very cruel treatment while in detention. There
have also been credible reports of the alleged use of torture
by the armed forces in the Government's campaign against
outlaw bandits in Madagascar's southwest.
Malagasy prisons are increasingly inhumane in terms of living
conditions. Some prisoners are not fed regularly, medical
care is not provided, infections are commonplace, prisoners
rarely have the opportunity to wash, and clothing is not
provided. The death toll rises significantly among prisoners
during the cold winter months.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Persons suspected of activity against the State may be legally
detained incommunicado for 15 days, subject to indefinite
extension if considered necessary by the Government.
Indefinite extension is frequently deemed necessary. In the
past, certain defendants involved in security cases were
detained without being brought to trial for periods ranging
from 20 months to over 5 years. Such extended periods of
pretrial detention are exceptions and are usually limited to
cases involving national security.
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In a normal criminal case, the accused must be charged or
released within 3 days of arrest. Defendants in ordinary
criminal/civil cases are generally charged formally within the
specified time frame, and upon being charged, are permitted
legal counsel. Counsel is readily available, and court-
appointed counsel is provided for indigents.
Thirty-seven of the kung-fu adherents, including one woman,
have been imprisoned without trial since August 1985 at
Arivonimamo prison. At the end of 1987, no trial had been
scheduled, and they had not been charged. In its 1987 Report
(covering 1986), Amnesty International expressed concern about
these detentions, and stated that some may be "prisoners of
conscience. "
Forced labor is not practiced in Madagascar.
e. Denial of Fair Public Trial
The Malagasy Constitution provides for an independent
judiciary. In practice, the judiciary seems to function
without outside influence from the executive.
The judiciary has three levels of trial courts: lower courts
for civil and criminal cases in which limited sentences may be
levied, a Court of Appeals which includes a Criminal Court for
cases in which sentences of 5 years or more may be imposed,
and a Supreme Court. The judiciary also has a number of
special courts designed to handle specific kinds of cases
under the jurisdiction of the higher courts. A High
Constitutional Court, with a totally separate and autonomous
status, watches over the constitutionality of laws, decrees,
and ordinances and ensures the legality of elections. A High
Court of Justice, charged with prosecuting malfeasance in the
Government, is provided for in the Constitution but has never
come into existence. A Military Court has jurisdiction over
all cases involving national security. The trial for the
kung-fu adherents could take place in either the Military
Court or the Criminal Court of the Court of Appeals.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State does not generally intervene in nonpolitical aspects
of the lives of the people. The home is inviolable under
Malagasy law, and intrusions into an individual's residence,
except in political or sensitive cases, must be made under the
authority of a search warrant. However, in their suppression
of kung-fu gangs, the military entered some homes without
court orders and ransacked them.
Although government economic policies limit the choices,
Malagasy citizens may make their own decisions, without
government coercion or interference, in such matters as
changing jobs or residence, marriage, having children, and
joining permitted political parties or social organizations.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Private citizens have limited freedom to criticize government
officials and policies without fear of arrest by the local
authorities, but such criticism must be carefully worded.
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Direct criticism of the President or the "Socialist
revolution" is not tolerated.
Madagascar has one of the highest literacy rates in Africa,
and Malagasy citizens attach great importance to the press.
What is printed in the newspaper often has an impact on the
nation's policymaking apparatus. Critical examination of a
range of policy issues such as economic management,
transportation, and education can be found in the printed
press. However, censorship is prescribed by the Government
and executed by the Ministry of Interior. Copies of the daily
newspapers are submitted to the censors prior to printing.
When censorship is enforced, the newspaper leaves blank those
columns where the offending articles would have appeared. In
instances of violations of censorship, the Ministry has and
occasionally uses its administrative authority to suspend
publication. There is one government-owned newspaper. The
two major independently owned newspapers are Madagascar Matin
and Midi Madagasikara . Several other dailies and weeklies are
published by party groups and independent publishers, including
the outspoken and candid Catholic newspaper, Lakroa.
The Government owns the radio and television stations.
b. Freedom of Peaceful Assembly and Association
The rights of assembly and association are restricted.
Permits are required to hold public meetings and can be denied
by the Government if officials believe that the meeting poses
a threat to the State or endangers national unity. Persons
and groups belonging to parties of the National Front are
permitted to organize and assemble. Nevertheless, since
political activity by groups outside the National Front is
prohibited, dissenting political opinion is limited.
The first half of 1987 witnessed a resurgence of major student
unrest in the form of massive, violent demonstrations and
student strikes sparked by student opposition to educational
reform measures announced by the Government in late 1986.
Although the right to organize labor unions is recognized,
unions are not important either politically or economically.
The labor force, about 4.9 million workers, is mostly agrarian
(85 percent). Union labor accounts for less than 5 percent of
the total. Unions are permitted to strike and conduct wage
negotiations, but because of the depressed economy, strikes
have been few, and trade unions relatively quiescent. Most
unions are affiliated with National Front parties.
Madagascar is an active member of the Madagascar delegation to
the International Labor Organization (ILO) and was a
participant in discussions regarding the rights of seamen to
organize trade unions at the 74th annual meeting of the ILO in
September 1987. Unions are affiliated with regional and
international labor bodies such as the International
Confederation of Free Trade Unions and World Federation of
Trade Unions.
c. Freedom of Religion
The Government is secular, and there is no official religion.
There is no discrimination on the basis of religious
affiliation, and persons are free to follow the faith of their
choice. Missionaries and clergy are generally permitted to
operate freely, and the Government has so far made no effort
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to restrain those Christian churches which have become more
active in criticizing government policies. Over half of the
population is either Catholic or Protestant, with the remainder
following traditional Malagasy religious beliefs or other
faiths .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government has imposed no restriction on travel within the
country. Official approval must be obtained for trips outside
the country, but there has been only one known instance in
which approval was denied due to the person's political
views. Foreign travel is impeded by the difficulty in
obtaining foreign currency. The Malagasy franc is not
convertible abroad, and the Government limits the amount of
hard currency that can be obtained for foreign travel. There
is no refugee population in Madagascar.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The electorate's choice is constrained by the nature of the
political system, since the only political parties allowed to
operate in Madagascar are those which are members of the
National Front. However, there exists a range of ideological
and policy views among the seven Front parties, and there are
viewpoints within this spectrum which are at odds with the
policies of the administration. Thus, the electoral process
provides the voters a chance to choose among candidates
expressing differing views in local and regional elections, as
well as in the Assembly and presidential campaigns. The 137
members of the National Popular Assembly are elected by
universal suffrage for 5-year terms. The last election was in
1983. (The Supreme Revolutionary Council, in October,
extended the terms of Assembly deputies by 9 months, according
to official reports, for economic reasons.) The President is
elected to a 7-year term with the next election falling due in
1989. The electoral process, although not completely free
from irregularities, has been essentially straightforward in
recent elections. The political system in Madagascar also
reflects a considerable degree of regional balance.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has not cooperated with groups wishing to
investigate alleged human rights violations and has denied
visas to Amnesty International representatives. When the
President's opponent in the 1982 election campaign called for
supervision of the elections by Amnesty International, the
President rejected the proposal as being derogatory to
national sovereignty. In the absence of private human rights
groups, the Christian churches in the country have taken the
lead in advocating human rights. Although the Government is
sensitive to criticism emanating from this guarter, it has not
officially responded to guestions or criticisms from the
churches or any other group.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While there appears to be no customary practice of
institutional or systematic discrimination on the basis of
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ethnic grouping in Madagascar, a serious outbreak of violence
and plunder of Indian-owned property across Madagascar
occurred in March. This prosperous community estimated at
some 18,000 persons of Indian origin, referred to locally as
"karana," is essentially engaged in commerce. The "karana"
are generally considered by the Malagasy as not prone to
integration due to a variety of religious and cultural
reasons. While no Indians were killed in these riots, several
looters were killed, many wounded, and property damage was
great. The looting reportedly began when allegations
circulated that Indian retailers were involved in rice
speculation and illegal transactions in scarce items such as
cooking oil and sugar. The simultaneous outbreak of these
riots in cities across the island and limited damage outside
the Indian community have fueled rumors that these incidents
were carefully coordinated and organized. The Chinese and
French communities also have experienced some resentment from
the Malagasy mainly because of their success in commerce.
These groups have occasionally been the target of local
government policies favoring Malagasy nationals.
Madagascar has what is essentially a matriarchal society. A
highly visible role for women has long been recognized as an
integral part of the country's sociological framework. Women
have a lengthy tradition of involvement in high-level
political activity, and currently women are members of the
Cabinet, the Supreme Revolutionary Council, and the Assembly.
Women are also active and play major roles in the various
political parties. Women have a prominent role in the
business and economic life of the country, with many of them
managing or owning business concerns or filling management
positions in state industries. Education at all levels is
open to women. However, women in rural areas and among the
poor face a greater degree of hardship. In addition to the
responsibilities associated with child rearing and household
management, economic necessity forces these women to engage in
farm labor or other similar activities. These conditions stem
more from socioeconomic factors than from a discrim.inatory
bias against women in Malagasy society.
CONDITIONS OF LABOR
The Malagasy Work Code and its enforcing legislation set forth
the working conditions required for employees. The Work Code
describes a child as any person, regardless of gender, under
the age of 18. The minimum age for employment is 14, but the
use of child labor is prohibited in those areas where there is
apparent and imminent danger. There is a 44-hour workweek in
nonagricultural and service industries. There are also
provisions for holiday pay, sick and maternity leave, and
insurance. Malagasy law distinguishes between agricultural
and nonagricultural work. The average minimum wage is about
15 cents per hour. The Work Code has rules concerning
building safety, machinery and moving engines, operational
safety, and sanitation standards. It appears that in
practice, the rules and regulations of the Code are adhered to
by employers and are enforced by the authorities. Labor
inspectors carry out regular visits to industrial work sites.
Violations of safety, sanitary, operational, and other work
code provisions are the subject of reports by these
inspectors. If the violations are not remedied within a
specified time frame, the violators are legally charged and
subject to various penalties.
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The President of Malawi, Dr. H. Kamuzu Banda, has maintained
nearly undisputed control over political life and government
since he led the country to its independence in 1964. He was
proclaimed "Life President" in 1970. Political activity is
limited to participation in the sole legal party, the Malawi
Congress Party. Malawi inherited a parliamentary form of
government from Great Britain. Parliamentary elections, which
are required at least every 5 years, were held in 1987.
Almost all constituencies were contested, although only
candidates selected by the party and approved by the President
were allowed to run. Nearly half of the incumbents were not
reelected. Constitutional amendments and laws passed by the
Parliament reflect decisions already taken by the President.
Military, police, and party security organs suppress opposition
to the Government and monitor a wide range of activities. The
small Malawian military establishment (6,000 men) faced a major
new problem in 1987: providing military protection to permit
the reopening and operation of the Nacala railroad line in
Mozambique, pursuant to a December 1986 accord.
Malawi is a small, densely populated, landlocked country whose
principal assets are moderately fertile soils, good water
resources, and a climate favorable to crop production. It has
a primarily market-oriented economy. Since 1981 the Government
has been pursuing a structural adjustment program, with the
assistance of the International Monetary Fund and the World
Bank. It has made substantial progress in agricultural
development and has been moving to reduce subsidies and divest
itself of parastatals (public corporations). Despite this
progress, annual per capita gross national product in 1985
measured only $210 per year. Malawi's population of 7.2
million people is growing at an estimated annual rate of 3.1
percent. Possessing no significant mineral resources or
industrial sector, Malawi is heavily dependent on agriculture
for export earnings and employment.
In 1987 human rights continued to be widely circumscribed.
Two cases again received international attention from human
rights groups, as appeals and inquiries were made on behalf of
a former opposition leader, Orton Chirwa, and his wife. Vera
Chirwa, both serving life sentences for alleged treason
(commuted from death sentences in 1984). In September the
Government arrested a well-known professor and poet and
continued to detain him without charge at the end of 1987.
Over the past year, Malawi became host to one of the largest
refugee populations in Africa. Since mid-1986, when it had
almost no refugees, Malawi has experienced a massive influx of
Mozambicans fleeing anarchic conditions, famine, and fighting
between Mozambican government forces and insurgents. By the
end of 1987, there were approximately 400,000 refugees in
Malawi. In some areas their numbers were equal to the
Malawian population. The Government has accepted these
refugees and, with the help of international humanitarian
organizations, worked to provide adequate relief assistance.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no allegations of politically motivated killings
during 1987.
b. Disappearance
There were no known political disappearances in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Beatings by the police at the time of detention or arrest, or
during interrogation, are illegal but do occur. In its 1987
Report, Amnesty International stated that severe beatings of
political detainees and criminal suspects were reported to be
common. It also noted that the organization investigated in
1986 two reported deaths of detainees due to torture.
Prison terms of hard labor are the norm for common criminals.
Prison conditions are generally believed to be poor but are
difficult to verify since access to prisons is tightly
controlled. According to one report, some criminals were sent
to remote prisons where insufficient food was provided.
Several are believed to have died of malnutrition.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under the Preservation of Public Security Act, the President
may order the arrest, search, and detention of any person the
Government suspects may "undermine" the authority of the
Government. A person arrested under this law can be detained
indefinitely by the police without trial. The Act also
authorizes certain officials to detain individuals for 25 days.
Whether or not under the Public Security Act, Malawi residents
may be picked up at the whim of the authorities, held without
charge for varying and indeterminate lengths of time, and
released. Persons may be detained for "political" offenses
against the party or government. Suspicion of corruption also
is a frequent cause for arrest. Those detained are rarely
charged officially or brought before courts. It is impossible
to estimate the number of arbitrary detentions and arrests
made in Malawi in 1987. Persons charged with crimes are
usually held in custody while awaiting trial, and delays of 3
years or longer before a case is heard are common.
In one such case, Aleke Banda, a former high-ranking member of
the Government and party, has been detained for over 7 years
although charges against him have not been made public. Jack
Mapanje, the head of the English Department at Chancellor
College, was arrested by police on September 25. The reasons
for his detention have not been made public, but it may be
related to his poetry, some of which was doubtless seen as
critical of the Government.
Forced labor is sometimes used as a form of criminal punishment
but is not otherwise practiced.
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MALAWI
e. Denial of Fair Public Trial
Malawi has both a traditional court system, which deals with
most criminal cases against Africans, including most capital
offenses, and a modern court system which generally handles
civil cases and criminal cases against Europeans and Asians.
Those charged under the Military Code of Justice are tried in
military courts. Lawyers are not permitted to assist
defendants in traditional court cases, but legal counsel is
permitted in the modern court system. The right of appeal
exists in both the modern and traditional court systems. Most
political cases are tried in the traditional court system, as
in the case of Orton and Vera Chirwa, who were sentenced to
death in 1983 by the Southern Regional Traditional Court, but
subsequently had their sentences commuted to life imprisonment.
In practice, the Government and party exert little control in
cases tried in the modern court system consisting of the High
Court and Magistrate Courts. The President appoints the Chief
Justice of the High Court who, in turn, appoints other modern
court justices. Magistrates may be removed from their
positions for incompetence, malfeasance, or in the public
interest as determined by the executive branch. This lack of
job security acts as a form of government pressure. These
courts are open to the public, and defendants are charged
publicly.
The three traditional courts at the regional level deal with
most capital offenses. Police officials handle the
prosecution, and defendants handle their own defense. There
is no presumption of innocence, and common law rules of
evidence do not apply. Traditional court justices are
appointed directly by the President. Of the five members of
each regional traditional court, three are chiefs generally
without formal legal training, one is a trained lawyer who
advises the court, and the fifth, the chairman, has had a
course in law. Traditional court proceedings and the records
of those proceedings are not open to the public, although
summaries of some cases have occasionally been published in
the newspapers. It is generally believed that there is little
executive interference in traditional court cases dealing in
matters of customary law. A guilty verdict is reviewed by the
National Traditional Court, and a ministerial committee
considers clemency.
The Forfeiture Act permits the Government to revoke the
property rights of those suspected of economic crimes. These
revocations sometimes have political overtones. When the
Forfeiture Act is invoked, the person loses all worldly
possessions, including business and financial and personal
assets. Revocation of property rights is carried out by
executive fiat with no judicial review. Notice of forfeiture
must be published in the official gazette. In 1987, for the
first time in several years, the Forfeiture Act was invoked.
About 26 forfeiture actions were undertaken against individuals
and businesses, apparently because they were suspected of
involvement in illegal foreign exchange transactions.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Police enter houses of suspects at will under special entry
authority to conduct searches for people or incriminating
evidence. The authorities monitor correspondence and often
open domestic and international mail.
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Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Criticism of the Government and its policies is not allowed,
even by the Parliament. The Public Security Regulations make
it an offense to publish anything likely "to undermine the
authority of, or public confidence in the Government."
Although the Life President is in his late 80's, discussion of
Malawi's political future after his death also is not
permitted. In a speech in September, the President himself
addressed the issue, saying he would not name a successor.
His remarks were widely reported, but it was clear that their
intent was to limit speculation rather than encourage public
debate.
The media do not submit their news items and programs to the
Government in advance for approval or censorship, but informal,
strict self-censorship "guidelines" are understood by the
media. The penalty for publishing material which meets with
official displeasure can be severe. Journalists have been
jailed for extended periods for overstepping these
"guidelines." The two newspapers and sole government-owned
radio station have, however, exhibited increasing candor in
coverage of international issues. In addition, criticism of
the efficiency of some government departments has appeared in
the media and Parliament.
Limited freedom of inquiry into the natural and social
sciences exists at the university and may include some
examination of radical political ideologies, provided this
does not extend to explicit criticism of the Government. The
arrest and detention of Professor Mapanje raised new concerns
in the academic and intellectual community.
b. Freedom of Peaceful Assembly and Association
No political meetings are permitted, other than those of the
Congress Party. Individuals may be imprisoned if they further
the aims of an "unlawful society," that is, any group
considered to be "dangerous to the good government of the
Republic." In the nonpolitical sphere, individuals and
organizations generally are free to meet and associate.
Professional, fraternal, and service organizations exist and
are encouraged by the Government.
In the small wage sector, labor unions exist, but their
activities are highly circumscribed, and they are generally
ineffective in achieving gains for workers. The principal
explanation is as much economic as political: the economy of
Malawi can sustain only a small number of wage earners, most
of whom occupy positions as unskilled laborers on large estate
farms .
Collective bargaining theoretically is allowed, but its use is
limited. The Government intervenes to influence wages and
working conditions. Malawi law guarantees the right to
strike, but in practice strikes do not occur. Labor unions
come under the umbrella organization, the Malawi Trade Union
Congress (MTUC) . With government supervision, the MTUC
associates with international organizations and is a member of
the Organization of African Trade Union Unity and of the
International Confederation of Free Trade Unions.
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c. Freedom of Religion
There is no state or preferred religion, but religious groups
are required to register with the Government. Except for
Jehovah's Witnesses, religious groups may establish places of
worship and train clergy. Their publications, like all others,
must not criticize the Government or the party. They are free
to establish and maintain links with coreligionists in other
countries, and members are free to travel abroad. Similarly,
missionaries from abroad are permitted to enter Malawi and
proselytize. There is no tie between a particular religion
and the Malawi Congress Party.
Jehovah's Witnesses, whose religious convictions prevent them
from joining party groupings, have been banned since 1967.
The Government considers the sect's activities to be
disruptive of "the prevailing calm, law, and order." There is
no evidence that Jehovah's Witnesses have been active in
Malawi in recent years, except for a group of several hundred
Mozambican refugees. The Government has treated this group in
a nondiscriminatory manner.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are few restrictions, in practice, on movement within
Malawi, though legal provisions exist for restricting the
movement of those convicted of political or criminal
offenses. Asian residents and citizens are free to travel
within the country but must reside and work in one of four
urban areas (Lilongwe, Zomba, Mzuzu, and Blantyre/Limbe) .
Denial of passports on political grounds frequently extends to
family members of persons in political disfavor and to those
persons the Government suspects may criticize it if allowed to
travel abroad. Civil servants and employees of state-owned
enterprises must obtain written permission to travel abroad,
even on vacation. Obtaining such clearance can take from a
few days to several months. Formal emigration is neither
restricted nor encouraged. With the exception of a small
group of political dissidents, there is no outward flow of
Malawian refugees from the country. Citizenship may be
revoked but in practice this is not done.
Malawi has acted in a responsible and responsive manner to the
large influx of Mozambicans it hosts. The refugees, located
in heavily populated areas with little available land, have
placed a great strain on the economy and on the transportation
and social services networks. The Government has devoted many
of its own scarce resources to assisting the refugees and has
permitted international and private voluntary organizations to
operate relief efforts. These efforts are coordinated by a
committee chaired by the Ministry of Health. The United
Nations High Commissioner for Refugees (UNHCR) was allowed to
open an office, and Malawi has also acceded to the Geneva
Convention Relating to the Status of Refugees. The U.N. and
other international assistance groups are able to travel
freely to assess relief needs and to investigate allegations
of protection problems. There were no substantiated reports
of Mozambicans being forcibly repatriated from Malawi in 1987.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Malawi do not, in practice, have the ability to
change their government. All political decisions are made
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either directly by the President or those few closely
associated with him. No opposition political parties or
movements are permitted. Membership in the Malawi Congress
Party is not mandatory but is often coerced. Active
membership is expected of those who aspire to government
positions (including the Civil Service) or professional
success outside of government. Party membership is often
required of school children and of those who seek access to
government services or entrance to local markets. The annual
renewal fee is only about 25 cents, but this can be nearly
half a day's pay for a minimum wage earner. In addition, when
the President visits an area, financial contributions from
individuals and businesses are expected. Nearly half the
population holds at least nominal party membership.
The party's structure provides for some choice among
candidates for party, parliamentary, or other offices. For
example, in the parliamentary elections held in 1987, there
were several candidates for election in a number of
constituencies. Nearly one-half of the incumbent Members of
Parliament were not reelected. All nominees, however, were
selected by the party and submitted to the President for
review. Active campaigning was not permitted. The National
Assembly (Parliament), consisting of both elected and
appointed members, is mainly concerned with ratifying
government policy. Its powers are broadly based in law, but
highly circumscribed in practice. Women may join the party
and vote. Women hold 10 of the 112 elected seats in
Parliament. No women hold ministerial level positions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not permit organizations such as the
International Committee of the Red Cross or Amnesty
International to conduct human rights investigations in
Malawi. Nongovernmental organizations devoted to the
furtherance of human rights are not permitted to exist.
Expressions of interest in alleged human rights problems by
outside groups or persons are not welcomed and are usually
ignored. Few government officials are even willing to discuss
the subject of human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While Malawi remains one of the world's least developed
countries, economic and social needs of ethnic Africans are
generally met on a nondiscriminatory basis. Asian residents,
however, have been discriminated against in recent years. For
instance, Asians, whether Malawian citizens or not, have been
compelled to transfer ownership of rural shops and trucking
businesses to ethnic African Malawian citizens, and within
some urban centers, strict rules governing where Asians may
own property result in limitations on where they may reside.
Prior to 1987, persons who held foreign passports could reside
indefinitely in Malawi. Recent legislation, however, aimed
primarily at persons of Asian origin, rescinded this
permission. These changes in the citizenship law, together
with the Forfeiture Act actions (which have been applied in
large measure against Asians), have led many in the small
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Asian community (about 5,000 persons) to question whether they
have a long-term future in Malawi.
Women are limited to the roles defined by a traditional
African society and do not have opportunities equal to those
of men. As mothers, women enjoy access to the traditional
health services and to extension programs designed to improve
women's homemaking abilities. Such programs, while
beneficial, have failed to recognize the importance of women
as agricultural producers in the rural sector (roughly 70
percent of all smallholder farms and over 50 percent of
subsistence holdings are headed by women) and the potential
role women can have in the modern sector. Although males
still have a comparative advantage in terms of educational and
employment opportunities, the Government has initiated
programs to begin to rectify existing discrimination. For
example, a third of the positions in the public education
system have been reserved for women. Although Malawi's
traditional tribal leadership structures are primarily
matrilineal, several small ethnic groups grant fewer rights
and privileges to women and occasionally continue to practice
female circumcision.
Malawi enjoys a considerable degree of ethnolinguistic
uniformity. The vast majority of the population speaks and/or
understands Chichewa, which became the national language in
1968. English is the official language for government and
business. Malawi's indigenous groups are sufficiently alike
in culture and social organization to permit relatively easy
interaction, including intermarriage, social and residential
intermixture in agricultural settlements, and political
cooperation alliances.
CONDITIONS OF LABOR
The minimum working age is 14, though this applies only to the
relatively small urban wage sector. Less than 15 percent of
the work force is employed in the formal wage sector. For
those fortunate enough to hold paid jobs, wages and working
conditions are generally adequate, and paid holidays and
safety standards in the workplace are required by law.
However, enforcement of these standards is limited. Wage
levels are low--the minimum wage is about 50 cents per day in
the urban areas--ref lecting the abundance of unskilled labor
and a government policy to limit the rural-urban income gap
and hence the rate of migration to the towns. Government
regulations limit the workweek to 45 hours in the construction
industry, and 48 hours in other industries. In practice, most
employees work between 37.5 and 42.5 hours per week over 5
days .
176
MALI
Mali is a single party state in which effective authority is
exercised by General Moussa Traore, President of the Republic
and Secretary General of the Democratic Union of the Malian
People (UDPM) . President Traore assumed power in 1968 through
a military-led coup, and the military Government adopted a new
Constitution in 1974. Since then, under Traore's leadership,
the military has continued to exercise influence in party and
civilian affairs but increasingly has turned over day-to-day
operations to civilians and encouraged civilian participation
in the country's political life at all levels of society. In
1987 military officers held approximately 22 percent of cabinet
portfolios, and 20 percent of the seats in the party's Central
Executive Bureau. Military officers occupied 4 of the 7
governorships, 11 of the 46 districts, and an important portion
of lower-level administrative posts, particularly in the border
areas .
Mali maintains an army and air force, and the mission of the
armed forces is to provide both external and internal security.
The gendarmerie (paramilitary police) assists in the latter
effort. There is a presidential guard. Mali has no special
internal security force.
With an annual per capita gross national product of $190, Mali
is among the world's 10 poorest countries. It is landlocked
and lacks easily exploitable mineral resources. Its economy
rests on subsistence farming and animal husbandry, both of
which have been adversely affected by severe droughts in the
1970's and 1980's. Cotton and cattle are the major exports.
While its economic situation remains precarious, its population
continues to increase rapidly. In 1987 the Government
struggled to implement an economic structural adjustment
program but remained dependent on external aid.
The political and human rights situation did not change
significantly in 1987. Organized political opposition groups
are not permitted in Mali. However, in the context of
preparation for the March 1987 extraordinary party congress,
public party and union meetings provided arenas for citizens
to criticize government economic reform policies, corruption,
inefficiency, and acquisition of illicit wealth by government
officials and private citizens. The President appointed a
special investigating commission, authorized and endorsed by
the extraordinary party congress, to delve into corruption
charges in the Government and business. The commission has
extensive authority to examine documents and individuals. The
commission is not a party body, although its members belong to
the ruling UDPM. It submitted its initial report in November.
On the basis of that report, a special court examined 47 cases
against 71 persons accused of embezzling public funds.
RESPECTS FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No politically motivated killings were reported in 1987.
b. Disappearance
No incidents of disappearance, abduction, or hostage-taking
were reported in 1987.
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MALI
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Government of Mali does not condone police brutality, and
has issued specific instructions prohibiting brutality against
suspects. However, physical abuse of suspected persons
sometimes occurs during police interrogation. Torture is
rare, but public beatings by the citizenry of persons
identified as thieves occasionally take place.
Prison conditions are harsh. Lack of resources results in
inadequate facilities. Prisoners can be sentenced to hard
labor, and they sometimes perform road maintenance work
Several prisons are located in isolated inhospitable northern
desert regions.
In its 1987 Report (covering 1986), Amnesty International
expressed concern about the harsh conditions at Taoudenit
prison camp. There is no evidence that any political
prisoners are being held at Taoudenit. Prisoners there have
been sentenced to hard labor in the local salt mine. Amnesty
also noted that it had received reports that eight persons,
who had helped a student leader escape the country in 1986,
had been held incommunicado by police for 10 weeks. Several
were reported to have been hung by their hands or feet and
denied adequate food and medical attention.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
No incident of arbitrary arrests, detention, or exile, was
reported in 1987. The Malian judicial system is based on the
French model. Detained persons do not have the right to a
judicial determination of the legality of their detention, but
arrests cannot be made without formal charges. However, in
political cases, the authorities do not always follow this
practice. For example. Amnesty International received reports
that six persons arrested in 1986 in connection with alleged
student opposition to the Government were held for over 5
months before a formal order authorizing their detention was
issued. The students were tried, sentenced, and released with
all the time spent in prison applied to reduction of their
sentences .
Malian law does not provide for release on bail, but detainees
are sometimes released on their own recognizance. Prisoners
are usually allowed access to a lawyer of their choosing.
Administrative backlogs cause frequent delays in scheduling
trials .
Forced or compulsory labor is prohibited except in cases of
convicted criminals.
e. Denial of Fair Public Trial
New laws have been enacted to make the judicial system conform
to Malian life, but French colonial laws not abrogated still
have the force of law. The judiciary is not independent but
rather part of the executive branch. At the apex is the
Supreme Court with both judicial and administrative powers.
Trials generally are of short duration. While confessions are
generally not coerced, in practice defendants usually admit
guilt in the hope of receiving a more lenient sentence and
allow their lawyers to argue mitigating circumstances. The
verdict and sentence are rendered by a panel of three judges.
Once convicted, redress depends on an appeal for a presidential
178
MALI
pardon or a request for a new trial. The Constitution
stipulates that the National Assembly can convene a High Court
of Justice to hear cases against state ministers, but this
court did not meet in 1987.
Although the exact number of political prisoners is not known,
it is believed to be very low. The Government uses its
Independence Day celebrations as an annual occasion to grant a
limited number of pardons, including to selected political
prisoners. In September 1987, presidential pardons were
granted to five men convicted in 1976 for their role in an
attempted coup. In its 1987 Report, Amnesty International
stated that all "prisoners of conscience" had been released by
the end of 1986.
Corruption has become a major issue in Malian political life,
and has been discussed in a number of different public forums.
In 1987 the President appointed a special commission to
investigate accusations of corruption in 47 cases against 71
persons. The commission reported its findings in November,
and a special court rendered judgments in December. Nine
persons were sentenced to death, some in absentia, while those
who repaid embezzled funds were reprimanded or lightly
sentence. The death sentences have not been carried out and
may be commuted. While the commission mandate does not limit
its investigations to government officials, no private
businessmen have been arrested.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Inviolability of the home is provided for in the Constitution
and generally respected in practice. Police searches are
infrequent, and warrants must be issued and recorded. However,
this occasionally occurs after the fact.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Malian Constitution does not ensure freedom of speech and
press. The Government controls all Malian media, and all
journalists are government employees. General public
questioning of government authority is not permitted.
However, Criticism of specific programs, aspects of society,
or the performance of government offices and office-holders is
permitted. Prior to the 1987 extraordinary party congress,
the President himself participated in a series of public
meetings in which charges of corruption were leveled against
his Government. Academic freedom does not extend to criticism
of the Government or its policies. Private antigovernment
Malian publications are not tolerated, but international
publications, even those critical of Mali and its Government,
are readily available and circulate freely.
b. Freedom of Peaceful Assembly and Association
The Malian Constitution assures the liberty of citizens to
form organizations to protect their "professional interests,"
but, in reality, only selected organizations, such as urban
professional associations, qualify. Only the women's, youth,
and labor associations of the UDPM assemble freely.
The National Union of Malian Workers (UNTM) , composed of 12
unions, is the only recognized workers' organization. It
179
MALI
maintains contacts with international labor organizations.
The UNTM claims to maintain a degree of autonomy from the
Government, and it enjoys limited freedom to criticize some
government programs. Its Secretary General is a party member
but is not a member of the party's Central Executive Council.
Under close government monitoring and guidelines, limited
collective bargaining is permitted. Strikes seldom occur.
There were a series of minor strikes by teachers in December
1986 and again in December 1987 to protest repeated delayed
payment of government salaries. In contrast to 1986, when
several strike leaders were arrested, there were no arrests in
1987. Strikes for political reasons are illegal.
c. Freedom of Religion
Mali is a secular state. Although 90 percent of Malians are
Muslim, most other religions may practice their faiths freely
and are permitted to establish houses of worship as well as
schools. Christian missionaries of various faiths enjoy
government cooperation. Proselytizing and conversion are
permitted, except in the case of the Baha ' i , who may practice
at home but may not proselytize or establish houses of
worship .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement in Mali is generally unimpeded, although
travelers are sometimes subject to police checks, especially
at night. These checks are legal and are used as a means to
restrict the movement of contraband goods. In practice, some
police probably supplement their frequently delayed salaries
by assessing ad hoc fines or confiscating goods. Malians are
free to change residence or workplace. Foreign travel requires
an exit visa, but this is easy to obtain. Repatriation is not
restricted.
During the recent drought years, Mali both accepted and
generated displaced persons. Several thousand Malians were
repatriated from Algeria in 1986 and 1987. In 1987 Mali also
welcomed back over 100 Malians deported from France.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have limited and infrequent opportunity to influence
their government and no ability to change it. The military
role in governing Mali remains important, but civilian
participation in the leadership groups has been growing.
Important policies and decisions are made by a small group
composed of the President, the party's Central Executive
Bureau, and the Council of Ministers. The memberships of
these groups overlap. Party congresses, such as the one held
in March 1987, are called by the President to consider special
issues. In 1987 the issues included political participation
and corruption, and the congress adopted a new National Charter
of National Reorientation of Public Life, calling on Malians
to dedicate efforts to economic development. One of the
mandates of the new Charter, and of the newly appointed
special commission to assist the Secretary General of the
party, is to recruit new leadership and encourage greater
public participation in the party, and, by extension, the
Government .
180
MALI
Within the one-party system, multiple candidates often contest
party elections at the local level, but for National Assembly
elections, which are held every 4 years, one carefully
selected party candidate runs for each seat. The National
Assembly debates proposed legislation after its acceptance by
the Council of Ministers and review by the Supreme Court. The
Assembly's role is to endorse the decisions taken by the
Council .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is generally responsive to calls by recognized
human rights groups. There are no local organizations to
monitor human rights. The Ministry of Foreign Affairs handles
human rights-related inquiries from Amnesty International or
other international human rights organizations. The Ministry
of Justice, with jurisdiction over the courts, administers
Malian law. Mali does not play a major role in international
human rights forums.
Section 6 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Virtually all Mali's ethnic groups are represented at the
highest state and party levels. Although some nomadic groups
such as the Tuaregs remain outside the economic and political
mainstream, Mali is relatively free of ethnic tensions.
Social and cultural factors place men in the dominant position
in Mali. However, women play an important economic role, both
in market life and in farming. While under represented, women
are present at all levels of the Government and in the party.
Two women are cabinet ministers, and one is in the party's
Central Executive Bureau. Three are members of the National
Assembly. Nonetheless, custom tends to restrict women to
"women's issues" when they participate in politics. The
women's union focuses primarily on establishing cooperatives,
improving health programs, fostering education, and campaigning
against female circumcision, which is still widely practiced.
CONDITIONS OF LABOR
Mali has a detailed labor code specifying conditions of
employment, including hours, wages, and social security
benefits. The minimum wage is approximately $142.50 per
month. Health and safety standards vary depending upon the
category of work, but there is limited enforcement due to the
lack of inspectors. Employers are required to pay into a
National Social Security Fund. While the minimum age for
employment is 14, with parents' permission children can be
apprenticed at 12. In practice, children in rural areas join
the work force at a much younger age, and workers in the
informal sector are not protected by laws against unjust
compensation, excessive hours, and capricious discharge.
181
MAURITANIA
Since 1978 Mauritania has been governed by the Military
Committee for National Salvation (CMSN) . Colonel Maaouya Ould
Sid'Ahmed Taya, President of the Committee, is Chief of State.
He assumed power in 1984 after the bloodless ouster of the
former President, Lt . Colonel Mohamed Khouna Ould Haidalla.
All 18 members of the Military Committee hold ministerial
portfolios or occupy other key military or government
positions. The Committee functions as a legislative body,
whereas the President, assisted by a few close advisers,
wields the executive power. Political and opposition parties
are not allowed in Mauritania. The Government uses a quasi-
political organization, the Structure for the Education of the
Masses (SEM), to mobilize the people to carry out local
improvement projects, to relay policy statements, and to serve
as a channel to discuss grievances. SEMs are found at all
governmental levels down to villages and neighborhoods.
The security forces number about 13,000 and, in addition to
the regular armed forces, include the national guard, the
gendarmerie (a specialized corps of paramilitary police), and
the police. The national guard, gendarmerie, and police all
have internal security functions.
Mauritania continues to face massive economic and social
problems: Droughts and desertification, the Western Sahara
conflict, ethnic tensions, massive unemployment, one of the
highest per capita debts in Africa, poor infrastructure,
inadequate health and educational systems, and a mass exodus
from rural areas. Although adequate rains fell in recent
years, the prior drought years forced large numbers of nomads
into towns. This forced migration resulted in urban refugee
camps, a weakened traditional Maur nomadic culture, and a
severe strain on government resources. According to one
report, 20 years ago 85 percent of the population was
nomadic. In 1987 only 15 percent remained in the desert.
President Taya has publicly advocated a harmonious,
multiethnic society; but in 1987, as in 1986, there was
agitation among Mauritania's Toucouleur black ethnic group,
who alleged discrimination by the ruling Arab-Berber
population. In the wake of the 1986 unrest, the Government in
1986 and 1987 arrested, tried, and sentenced 39 Toucouleurs on
charges of sedition and threatening national unity. In October
1987, following the discovery of a coup plot reportedly led by
Toucouleur military personnel, the Government detained over
200 Toucouleur, and 51 were charged with sedition, with the
remainder being released. The 51 received a trial in the
course of which the Government respected the accepted norms of
Mauritanian justice. At the end of the trial, the Special
Court of Justice sentenced 3 defendants to death, 18 to life
imprisonment, and 17 to lesser sentences. Seven defendants
were acquitted. The death sentences were carried out 3 days
later. Following the executions, street clashes broke out for
several days between groups of Maur and Toucouleur students
and youths in Nouakchott. The Government briefly detained
about 100 youths. The Government also detained more than 20
Toucouleur adults whom it suspected of masterminding some of
the street disturbances. Many blacks interpreted the
Government's actions to mean a continued domination by white
Maurs in all levels of social, economic, and especially
governmental life.
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MAURITANIA
RESPECT FOR HU^4AN RIGHTS
Section 1
Respect for the Integrity of the Person, Including
Freedom From:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reports of politically motivated disappearances,
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
According to the laws of Mauritania, torture is not allowed.
There are, however, recurring and credible reports that
security forces beat suspects to extract confessions.
Conditions in Mauritanian prisons are generally grim. In
Rosso, for example, at least two prisoners died of heat
exhaustion in early 1987 after being forced into overcrowded
cells. (Following the incident, authorities improved the
ventilation of the prison's cells.)
Tcucouleur prisoners arrested in 1986 reported that they were
initially denied proper medical care and family visits and
also stated that the food was poor. Family protests and
intervention by the Mauritanian Human Rights League in 1987
resulted in written assurances from the Minister of Interior
that the prisoners would receive regular family visits and
proper health care. In October 1987, however, prior to the
coup attempt, sources close to the Toucouleur prisoners
circulated an open letter in which the Toucouleur inmates
maintained that they still did not have family visits or
adequate health care. In the letter, the prisoners also
reported that they had been tortured during their
interrogations .
The Toucouleur military p
detained immediately afte
subsequently released wer
period of detention. App
mistreated during their s
Toucouleurs who were trie
been treated properly dur
although there are report
they were first arrested,
transferred the 44 defend
on December 3, 1987, as w
received prison sentences
unrest, to the remote des
According to eyewitnesses
manacles overland by true
cramped quarters for the
Most of these prisoners'
in Tichitt or Oualata, si
locations in the country.
ersonnel and civilians who were
r the foiled 1987 coup plot and
e denied family visits during their
arently, however, they were not
tay in custody. Most of the 51
d by the Special Court appear to have
ing arrest, interrogation, and trial,
s that one or two were beaten when
In mid-December 1987, the Government
ants who had been sentenced to prison
ell as the 39 Toucouleurs who had
in the wake of the 1986 Toucouleur
ert towns of Tichitt and Oualata.
, these prisoners were transported in
k, having to remain confined in
duration of the 20- to 30-hour trip,
families will be unable to visit them
nee these are among the most remote
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Mauritanian law assures expeditious arraignment and trial,
access to legal counsel, and the right of appeal. In practice,
however, the Government does not always respect this right.
In the fall of 1987, the Government dismissed and arrested
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MAURITANIA
Minister of Economy and Finance Mohamad Salem Ould Lekhal,
Minister of Fisheries and Maritime Economy Sidi Ould Cheikh
Abdellahi, and Central Bank Director Dieng Boubou Farba. The
Government suspected the three men of collusion with Hmeida
Bouchraya, one of the country's leading businessmen, in his
illegal transfer of large sums of money out of the country.
Reportedly the Government has detained these three former
government officials in the remote desert tovjn of Ouadane
since late September, without, however, filing any charges
against them.
Based on legislation enacted before the 1978 coup, the
authorities have the right to detain, without trial or appeal,
anyone judged to be a threat to national security. Colonel
Moulaye Ould Boukhreiss was arrested and held incommunicado in
August 1987 for allegedly conspiring and conducting a
propaganda campaign against the Government. After
interrogating him for several weeks, the Government exonerated
him from any wrongdoing and released him in September. At no
point during Boukhreiss' arrest was he formally charged.
Detainees are sometimes confined to their residences; however,
Mauritania maintains prisons in Nouakchott, Jereida, and
elsewhere for more serious crimes.
The Government justified the large-scale arrests and detentions
of Toucouleurs in 1986 and early 1987 on the grounds of
national security. Government sources maintained that these
militants were members of a clandestine subversive group,
FLAM, which was planning a campaign of terrorism and
assassination. After the October coup attempt, the Government
detained more than 200 persons, of whom more than 20 were
still in custody at the end of 1987 without specific charges
having been brought against them. Nevertheless, by the end of
1987 the Government's actions had led to widespread discontent
in the Toucouleur community. Most Toucouleurs interpret the
latest arrests as a further sign that the military Government
will take whatever steps are necessary to thwart the
aspirations of the non-Maurs, especially in sharing political
power .
Internal exile is a method of removing opposition figures from
the public eye. Former President Haidalla and five of his
associates, who were arrested during the 1984 coup but never
formally charged, remain in internal exile in remote locations.
The subject of forced labor is tied to the vestiges of slavery
which exist in some areas of the country. Slavery in
Mauritania was officially abolished in 1980. Nevertheless,
some persons whose ancestors for generations have worked
without pay for a particular family still occupy positions of
servitude in 1987, in part because of the economic hardships
which they would encounter upon leaving their positions.
In an effort to eradicate the last vestiges of slavery, the
Government invited United Nations' assistance, began a mass
media education campaign which utilizes rural radio and
television to promote public awareness of the problem, and
provided small-scale financial assistance to former slaves for
agricultural and handicraft businesses. The Taya regime
also made an effort to appoint members of slave castes to high
government and military positions as a visible indication of
the end of slavery.
80-779 0-88-7
184
MAURITANIA
e. Denial of Fair Public Trial
In September 1986, the Taya Government arrested some 30
prominent black Toucouleurs, mainly professionals, for
protesting white Maur domination of the political and economic
systems. They had circulated a political treatise, "Manifesto
of the Oppressed Negro-Mauritanian, " in which they articulated
grievances against Arabization, concerns about the adverse
effects of recent land reform law by which white Maurs have
appropriated large tracts of valuable land from their
traditional black owners, as well as complaints about the
underrepresentation of blacks in government and the
undemocratic nature of the Mauritanian Government. In one
passage the document advocated the use of violence to prevent
the appropriation by Maurs of land belonging to blacks.
Twenty-one of the 30 were brought to trial on September 25,
1986, and charged with spreading falsehoods and hatred, holding
unauthorized meetings, distributing seditious material, and
calling for civil disorder. In a trial that lasted 1 day, the
21 were convicted on all charges. Four received light
sentences, while 16 were given sentences of 4 to 5 years in
prison to be followed by 5 to 10 years in internal exile and
loss of civil rights. Subsequently, in 1987 but prior to the
October coup attempt, another 18 Toucouleur militants, who had
been arrested at the time of the 1986 agitation, received
similar sentences.
The Toucouleurs hired civilian lawyers for the 1986 trial, but
the lawyers resigned collectively prior to the trial because
they had not had time to prepare the cases and, in particular,
to review the prosecution dossiers. While the court
subsequently appointed lawyers for the defendants, the entire
episode raised serious questions about the fairness of the
trial. Amnesty International in its 1987 Report stated that
the trial was "marked by serious inadequacies."
The Taya Government continues to function under the Shari'a
(Islamic Law), put in place during the Haidalla regime. The
Ministry of Justice and Islamic Affairs plays the major role
in administering the Shari'a and selecting judicial personnel.
The Shari'a applies to most crimes and offenses, with the
exception of commercial and banking offenses, as well as
traffic violations. The Taya administration, however, has
urged the Islamic judges not to use extreme physical
punishments such as amputations, which occurred during the
Haidalla regime. The Taya Government inherited a number of
unqualified Shari'a judges who were appointed during the
Haidalla years. Judges cannot be tenured before 7 years by
virtue of a recent government decision. Consequently, the
Minister of Justice has the power to dismiss them and is
slowly eliminating unqualified officials.
One result of the use of Shari'a has been that Western-trained
lawyers are unable to practice in most cases unless they are
retrained. Many only work in specialized areas such as
banking, insurance, and traffic accidents, where Islamic law
does not apply.
In September 1987, the Government tried eight "Baathist"
supporters on charges of unlawful assembly, criminal
conspiracy, corruption of juveniles, and illegal restraint.
Despite the state prosecutor's request for stiff sentences for
the defendants, the court acquitted two and gave the others
light suspended sentences. Two of those convicted were members
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MAURITANIA
of the Mauritanian Human Rights League. Many Mauritanians
hailed this decision as the sign of a fair trial, but some
observers stated the convictions violated the right of
assembly.
On December 3, 1987, the Special Court of Justice sentenced to
death three of the Toucouleur military officers accused of
plotting the overthrow of the regime. The sentences were
carried out shortly thereafter. A number of Mauritanians,
however, do not believe that these death sentences were
justified under Mauritanian law. According to the Mauritanian
legal code, any attempt to overthrow the Government by armed
force is punishable by death. The Government maintains that
at the time of the plotters' arrest, approximately half a day
before the coup was supposed to occur, they had taken specific
measures, including preparing armored vehicles and placing
conspirators in strategic locations, that amounted to the
beginning of the implementation of the takeover. But many
Mauritanians, including most of the defendants' lawyers,
dispute this interpretation. In their view, these actions did
not amount to implementation, and the accused were merely
guilty of plotting a coup instead of actually conducting a
coup attempt. In Mauritanian law, simply planning a coup is
punishable by a prison sentence, not by death.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government interference in private affairs, except in
instances where treason is suspected, is limited. Reflecting
the nomadic penchant for privacy and the sanctity of
confidences, the lack of sophisticated equipment to undertake
surveillance, and the isolation of many parts of the country,
the Government normally limits its surveillance to patrols on
major highways and customs check points, occasional nighttime
inspections of vehicular traffic, and inspections of mail
suspected of containing currency or prohibited items.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is restricted. Many Mauritanians
criticize government policies in conversations with friends
and relatives. The Government, nevertheless, is quick to
react to any comments it thinks pose a threat to the security
of the State, as evidenced by the 1986 crackdown on Toucouleur
dissidents. In particular, any expression of racial or ethnic
tension, or questioning of government legitimacy draws a sharp
government response. Private discussions within the family or
tribe are active and used as a vehicle to present dissenting
views on issues. Moreover, President Taya invites the views
of traditional local leaders during his visits to the rural
areas .
Mauritania's only newspaper and radio and television station
are government owned and operated. In the past the Government
has not allowed any criticism of government policies or
authority. Recently, however, the Government has begun to
experiment with interview formats by which a government
official is invited to air views on television with a panel.
In these broadcasts the authorities have tolerated limited
criticism of government decisions and policies. International
newspapers and magazines are readily available, although the .
Government occasionally censors issues that contain material
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MAURITANIA
it considers to be objectionable. The November 1986 edition
of Jeune Afrique, which contained an article critical of the
Government's treatment of blacks, was allowed to be sold. The
populace actively follows shortwave broadcasts and Senegalese
television.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly has been suspended since 1978, and meetings
with political themes are generally prohibited, as in the case
of the "Baathist" supporters (Section I.e.). The Government
allowed large but controlled demonstrations and rallies to
take place in late 1986 during the campaigns for local
municipal councils. In the wake of the arrests in September
1986 of the Toucouleur activists, sporadic antigovernment
protests occurred. The demonstrations were quickly suppressed
by armed police with the use of tear gas. During the latter
half of 1986, the Government cracked down on the Toucouleur
community by banning meetings of black self-help groups and
cultural organizations and even checking large Toucouleur
family gatherings such as weddings. In early December,
following the execution of the three Toucouleurs sentenced by
the Special Court of Justice, fights broke out in Nouakchott
high schools and market places between groups of Toucouleur
and Maur youths. Government security forces broke up these
disturbances, sometimes detaining those involved for a few
hours before letting them go.
Local unions are the only remaining organizations with any
semblance of political influence following the 1978 coup.
Labor unions can organize nationally, but they must be
affiliates of the Mauritania Workers Union (UTM) , by law the
country's only central labor body. Union officials state that
the UTM has some 30,000 members. The annual membership fee of
$4 is imposed on members but, in addition, the Government
frequently finances UTM operations. The UTM is associated
with regional and international labor organizations and its
officials attend many international labor meetings, where they
are free to air views on labor consistent with Mauritanian
policy.
Wages are set through an informal bargaining arrangement
between individual unions, the employers, the Government, and
the UTM. Strikes are theoretically possible, although they
are discouraged by the Government and rarely take place.
Disputes over labor issues are heard before special
three-person labor courts which are overseen jointly by the
Ministries of Justice and Labor. These courts are regarded by
labor union leadership as unbiased and effective.
c. Freedom of Religion
Islam is the official religion of Mauritania, and the country's
official name is the Islamic Republic of Mauritania. Virtually
all citizens are Muslim. Proselytizing by non-Muslims and the
construction of Christian churches and other non-Islamic houses
of worship are prohibited without government permission. The
Roman Catholic community in Mauritania was permitted in several
instances to build churches which operate freely as long as
they restrict their services to resident foreigners.
Mauritanian Muslims are prohibited from entering non-Islamic
houses of worship and from converting to another religion.
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MAURITANIA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are generally no restrictions on movement within this
large nomadic country, although travelers are frequently
subjected to routine police and customs checks along major
highways and at the country's international and domestic
airports. Years of drought have caused many nomads to migrate
to the urban areas, thus increasing the urban populations and
creating shantytowns. Movement has been controlled in the
past during emergency situations by imposing curfews, as
occurred briefly following the 1984 coup.
The requirement that Mauritanians have an exit visa before
traveling abroad was ended in 1985. Those political leaders
who fled the country since the overthrow of the civilian
Government in 1978 have been invited back, and almost all of
them have returned.
As a result of the ongoing conflict in neighboring Western
Sahara between Morocco and the Polisario Front, a small number
of displaced persons from the Western Sahara have entered
Nouadhibou and other northern towns. There are, however, no
acknowledged political refugees in Mauritania.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
All political power rests in the hands of the military regime.
The Military Committee for National Salvation remains the
"custodian of the nation's sovereignty." All executive and
legislative functions reside with the Committee. Membership
is limited to military officers and is automatically conferred
on incumbents of ministerial positions and important military
and security posts. Therefore, in practice, citizens of
Mauritania are unable democratically to change their government
at the national level. The CMSN is predominantly Maur,
although several blacks are members. The most prominent black
on the CMSN lost his position in the wake of the 1986
Toucouleur unrest.
A limited move toward increased popular participation in
government occurred in December 1986 when communal council
elections took place in Nouakchott and the country's 12
regional capitals. In most cities, two or more lists of
candidates competed for the electorate's votes. The
Government stipulated that each list contain at least 30
people from various regions, ethnic groups, and tribes. The
campaigning was vigorous and candidates were allowed to use
the media to spread their views. Most candidates were Maur
civil servants, wealthy merchants, or professionals with the
necessary skills and connections to mount a successful
campaign. Each candidate was required to deposit the
equivalent of $570 (10 times the monthly salary of an average
worker) in order to participate. Black activists complained
that this factor, and the Government's arrests of black
activists in September 1986, limited black participation as
candidates. Despite these shortcomings, during their first
year of operations the newly elected municipal councils became
genuine decisionmaking bodies that handled most municipal
issues with little or no central government interference.
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MAURITANIA
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation ot Alleged Violations
of Human Rights
The Taya Government is sensitive on the issue of human rights
and has cooperated with the U.N. Human Rights Commission
Working Group on Slavery by allowing a representative to come
to Mauritania to obtain information on this issue. The
Government has also permitted representatives of Amnesty
International to visit Nouakchott for discussions on the
Toucouleur issue. As a result of the President's public
commitment to an ethnically harmonious society and a return to
basic human rights, the Mauritanian Human Rights League was
formed in 1986. The League is staffed by volunteers who work
within the government framework to address such concerns as
eradicating the last vestiges of slavery, ensuring the uniform
application of the Shari'a law, promoting the status of women,
and preventing abuses such as arbitrary arrest and torture.
While constrained by a lack of financial resources and careful
not to antagonize the Government, the League has nonetheless
insisted that the rights of all persons detained for political
offenses be respected.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Mauritania is situated geographically and culturally on the
divide between the nomadic Arabic-speaking Maurs of the north
and the sedentary blacks of the African south. The interaction
of these two groups produces the complex cultural diversity
which fuels ethnic and racial tensions inherent in Mauritanian
society. Recent movements of nomads to the south as a result
of the drought have exacerbated tensions, culminating in the
1986 Toucouleur agitation and the subsequent arrest of
Toucouleur activists. Historically, and since independence in
1960, the Arabic-speaking white Maurs have dominated the
political and economic system. Taken together, however, the
Arabic-speaking black Maurs and Mauritania's sedentary black
African groups (Toucouleur, Soninke, and Wolof) constitute a
clear majority of the population. Many of these blacks
believe that they are entitled to more political
representation. The black population is represented at all
levels of government, but is underrepresented in terms of its
proportion of the population. Many Toucouleurs also believe
that white Maur domination in government, state enterprises,
business, and religious institutions is a result of racial
discrimination. Their grievances include such isues as
language (Arabization rather than continued use of French) ,
limitations on educational opportunities, and misapplication
of the law on land reform. They view the Government's new
land reform law as a means of allowing wealthy white Maurs
access to potentially productive tracts of land in
traditionally Toucouleur areas. The loss by some sedentary
African blacks of large tracts of land in the Senegal River
Valley area has resulted in a scramble by Toucouleurs to
register their land with the appropriate authorities, an alien
practice for people who traditionally have looked upon land as
community property.
Women in conservative, Mauritanian Muslim society are, for the
most part, limited to traditional roles, especially outside
the few urban areas. Only half as many women as men avail
themselves of educational opportunities. Nevertheless, the
Government is encouraging the participation of women at all
levels of occupational activity, including in government and
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MAURITANIA
business. A woman was recently appointed as Minister of
Mines, and a number of others have moved into senior or
midlevel government positions. In addition, the Government
has been opening up new opportunities for employment in work
traditionally reserved for men, e.g., certain jobs in
hospitals. The Government reportedly is considering allowing
women to serve in the armed forces as support personnel.
Although few women were on the lists of candidates, large
numbers of women turned out for the election rallies in
support of their candidates.
CONDITIONS OF LABOR
Mauritania has one of the lowest standards of living in the
world. It has a population of 1.9 million people and an annual
growth rate of 3 percent. Most of its modern economic
activities are concentrated in the northern and central regions
where mining and fishing operations take place. The chief
economic activities in the South, where the majority of the
black population is located, are farming and livestock raising.
Figures for unemployment range from 50 to 90 percent, but do
not necessarily represent an accurate reflection of labor
employment .
Education is not compulsory in Mauritania; however, by law no
child may be employed before the age of 14 in the agricultural
sector without the permission of the Minister of Labor and
National Labor Council, or before the age of 15 in
nonagricultural sectors. The law provides that employed
children from 14-16 years should receive 70 percent of the
minimum wage, and those from 17-18 receive 90 percent of the
minimum wage. Although there are no figures available, child
labor (except in the family-owned agriculture sector) is not
thought to be widespread.
The guaranteed minimum wage for adults is $70 per month. The
standard nonagricultural workweek in Mauritania is not to
exceed 40 hours or 6 days per week without adequate overtime
compensation which is paid at the following rates: 41st to
48th hours, 115 percent; 49th to 54th hours, 140 percent; and,
55th hour and over, 150 percent of the base wage. However,
information on actual wage levels is scanty and often
unreliable. Enforcement of the labor laws is the
responsibility of the Labor Inspectorate, Ministry of Labor,
but in practice is limited by the shortage of trained
personnel .
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MAURITIUS
Mauritius is a small, densely populated island country with a
functioning parliamentary democracy modeled after that of
Great Britain. It is governed by a prime minister, council of
ministers, and legislative assembly. The Governor General,
with largely ceremonial powers, represents Queen Elizabeth II,
the titular Head of State. Elections at national and local
levels take place at regular intervals. There are four major
political parties, which reflect a wide range of ideological
views, and several smaller parties. Executive power has
changed hands twice in the last 6 years through fair and
orderly elections supervised by an independent commission.
Municipal elections in 1985 returned the main opposition party
to power in Mauritius' five largest cities. Prime Minister
Jugnauth's coalition had its mandate renewed in general
elections in August 1987.
Mauritius has no military forces and depends on the
paramilitary 700-man Special Mobile Force and the 240-man
Police Riot Unit for internal security. These forces, under
the command of the Commissioner of Police, are apolitical,
well trained, and backed by a general duty police force of
approximately 4,000 men.
Mauritius has a mixed economy based on sugar production,
tourism, and textiles, with a strong private sector. In 1987
the economy continued its recovery, registering an estimated 5
percent growth rate and creating some 20,000 jobs. Following
the successful economic adjustment policies of 1982-1986, it
was not necessary for Mauritius to renew its standby agreement
with the International Monetary Fund. During 1987 Mauritius
signed a $60 million structural adjustment loan with the World
Bank and the African Development Bank.
Mauritius has a good human rights record. Political and civil
rights, including the freedoms of speech and press, are
protected under the Mauritian Constitution and respected in
practice. The August 30, 1987, elections for Parliament were
preceded by intense campaigning, including regular public
rallies. The Dangerous Drugs Act of 1986, which is aimed at
curtailing drug use and trafficking, has led to large-scale
arrests, convictions, and controversy over some of its
provisions .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of government-inspired political
ki llings .
b. Disappearance
There were no reports of disappearance of persons for
political causes.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and inhuman punishment are prohibited by law, and
there were no reports of degrading treatment or punishment.
The situation was exacerbated in 1987 by government efforts to
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MAURITIUS
cope with increased narcotics trafficking. According to local
press accounts, over 700 people were arrested during 1987 for
possessing narcotics substances. Figures are not available
for the number of those arrested who were subsequently
imprisoned. The Government is sensitive to prison conditions
and is publicly committed to their improvement.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There have been no reports of arbitrary arrests or detentions
since the early 1970's. Detained persons have the right to a
judicial determination of the legality of their detention. In
practice, this determination is usually made within 24 hours.
Bail is commonly granted. The Supreme Court ruled invalid in
1986 a section of the Dangerous Drugs Act of 1986 which had
provided for detention without bail for persons arrested under
Clause 46 (2) of the Act.
Exile is legally prohibited. The Constitution prohibits any
form of forced or compulsory labor, and this prohibition is
respected.
e. Denial of Fair Public Trial
Mauritius' judicial system, modeled on that of Great Britain,
consists of the Supreme Court, which has appellate powers, and
a series of lower courts. Final appeal may be made to the
Queen's Privy Council in the United Kingdom and is routinely
made in the cases of death sentences. There are no political
or military courts. The legal system has consistently provided
fair, public trials to those charged with crimes. Defendants
have the right to private or court-appointed counsel. The
judiciary is also charged under the Constitution with ensuring
that new laws are consistent with democratic practice.
Commissions of inquiry are frequently established to examine
various issues of social or political concern. The
commissions, routinely chaired by distinguished jurists,
conduct hearings, subpoena witnesses, and present their
findings to the Government for corrective action when
wrongdoing has been discovered. Commission proceedings are
conducted in public and reported fully by the press. The
findings, however, are conveyed to the Government in
classified reports that are not routinely made public unless
or until the Government decides to take action against an
accused party. The Rault Commission on Narcotics played a key
role in crystalizing public opinion to sustain a campaign
against narcotics use and trafficking.
The Dangerous Drugs Act, which includes a mandatory death
sentence for any person convicted of importing dangerous
drugs, has been controversial. In its 1987 Report, Amnesty
International noted that "unlike other serious offenses under
Mauritian law, which are tried before a jury of nine citizens,
the offense of importation under the . . . Act is heard by a
judge without jury."
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The sanctity of the home is ensured by law and generally
respected in practice. The search of personal property or
premises is allowed only under clearly specified conditions by
court order or by police decision if an illegal act is
suspected. There have been reports from reliable sources that,
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MAURITIUS
the Government's intelligence apparatus occasionally opens
mail and carries out surveillance of local opposition leaders
and other major figures.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is protected by the Constitution
and by local tradition. Sixteen privately owned daily,
weekly, and monthly newspapers present varying political
viewpoints and freely express partisan views. Newspapers are
subject only to the legal constraints of libel laws. The
Government owns the one television and two radio stations (one
strictly educational), broadcasting in five languages. The
television and radio are reasonably objective in news and
entertainment presentation, although opposition politicians
occasionally accuse the broadcasting corporation of political
bias in its news coverage. Television and radio broadcasts
are also easily received from the nearby island of Reunion (a
French Department) and are not subject to interference by the
Government. However, foreign satellite broadcasts or programs
which are considered "controversial" are subject to approval
by the Cabinet of Ministers before transmission on local
television or radio.
In October 1986, the Legislative Assembly amended the
Mauritian Constitution with regard to drug traffickers and
drug trafficking in Mauritius. The legislation increased the
powers of any commission of inguiry to look into personal
finances, including bank accounts; provided for fines of
persons who refuse to testify; provided for fining a bank and
revoking its license if it refuses to cooperate in a financial
investigation; and provided for the seizure of all assets of
convicted drug traffickers who cannot prove that their assets
were obtained legally.
b. Freedom of Peaceful Assembly and Association
Mauritians enjoy the right to form associations, including
political parties, trade unions, and religious organizations.
Mauritius has a multitude of such private organizations.
Political, cultural, and religious assemblies are
commonplace. Although police permission is reguired for
holding demonstrations and mass meetings, such permission is
rarely refused. The registered political parties freely held
large public rallies during the campaign for the August
general elections.
Mauritius has an active trade union movement. Almost 300
unions represent 90,000 workers, more than one-fourth of the
work force. Unions are free to organize workers in all
sectors, including the Export Processing Zone (EPZ), which
employs about 85,000 workers. Unions can press wage demands,
establish ties to domestic political parties and international
organizations, and address political issues. Three of the
five trade union activists who ran in the August general
elections were elected to the Legislative Assembly on the
government slate. One leading federation actively supports
the opposition party. The largest confederation, the
Mauritian Labor Congress, is a member of the International
Confederation of Free Trade Unions. In theory, unions have
the right to strike. However, in labor disputes the Industrial
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MAURITIUS
Relations Act requires a prestrike, 21-day cooling-off period
followed by binding arbitration, which has the effect of
making most strikes illegal.
c. Freedom of Religion
There is no official state religion in Mauritius. Hindus,
Christians, Muslims, Buddhists, and others openly practice,
teach, and proselytize for their religions without prejudice.
All religious institutions receive state subsidies in
proportion to their memberships. There is no state-sanctioned
discrimination against any ethnic or religious community.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on full freedom of movement within
the country. Foreign travel, emigration, and repatriation are
also unrestricted.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Mauritius is governed by a freely elected, unicameral
Legislative Assembly, with executive direction coming from a
Council of Ministers, currently headed by Prime Minister
Anerood Jugnauth. The Governor General has the right to
designate the person charged with forming a new government
following parliamentary elections or a parliamentary crisis.
Parliamentary, municipal, and village council elections are
held at regular intervals. Voting and running for office are
rights of all citizens 18 years of age and over. In the
Legislative Assembly, 8 of the 70 members are appointed
through a complex "best loser" system designed in part to
ensure that all ethnic groups are adequately represented. The
governing coalition consists of 3 parties and controls 46 of
the 70 seats. Political parties often match the ethnicity or
religion of their candidates to the composition of particular
electoral constituencies.
In the August parliamentary elections, 89 percent of the
553,364 eligible voters cast ballots. Only 9,512 votes
separated the winning and losing coalitions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no known requests by international
organizations to investigate human rights violations in
Mauritius. Amnesty International maintains two branches in
Mauritius. There are several local human rights groups which
address the internal situation in Mauritius without
governmental intrusion.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While there is no evidence of official discrimination against
any ethnic or religious group, there have been allegations
that certain groups, including Muslims, are under represented
in the civil service.
Women in Mauritius participate in all types of political,
business, and social activities, and a few hold important
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MAURITIUS
positions. Nonetheless, traditional ethnic and religious
attitudes prevent women from achieving true parity. For
example, only 5 of 70 Members of Parliament and 1 of 19
Ministers are women. The Government seeks to improve the
status of women, and recent amendments to laws ranging from
emigration to inheritance have removed sex discriminatory
sections. An interministerial committee, headed by the one
female Minister, has been active since 1985 in addressing
remaining discriminatory elements in local laws and
practices. Nevertheless, discriminatory laws and regulations
remain, including prohibition against women serving on juries.
Moreover, the illiteracy rate for women (20 percent in 1983)
is about twice that of men. While women are highly sought for
employment in manufacturing plants, they tend to occupy the
less skilled and lower paid positions and are particularly
susceptible to layoffs during economic downturns. The average
industrial salary for women is about 50 percent that of men.
The Minister for Labor and Industrial Relations, Women's
Rights, and Family Welfare has indicated, however, that middle
managem.ent training for women is one of her ministry's
priorities .
CONDITIONS OF LABOR
Conditions of employment in Mauritius, including wage and
leave conditions, are generally sufficient to provide an
acceptable standard of living to workers in the agricultural,
service, and manufacturing sectors. Government, private
welfare groups, and labor unions serve as watchdogs on
potential employer abuses.
A maximum workweek of 45 hours is allowed, and children below
the age of 14 cannot be legally employed, although scattered
cases of child labor have been reported. The Government
mandates minimum wage increases each year based on inflation.
The current minimum wage for unskilled labor in the Export
Processing Zone is $9 per week during the first year and $11
per week thereafter.
In 1987, effective July 1, the Government awarded a wage
increase (12-60 percent) in the public service. Salary
increases (10-15 percent) were also approved for the private
sector, including the sugar industry and the EPZ . At the same
time, the Government addressed the issue of overtime work in
the EPZ due to complaints that EPZ employers imposed long
hours of overtime on employees--about 10 to 20 hours per week,
making for a 55- to 65-hour workweek. The revised remuneration
orders of July 1 stipulated that no employee would be required
to perform extra hours of work in excess of 10 hours per week,
except with his or her consent. In addition, new remuneration
rates for overtime above the regular 45-hour week were
introduced as follows: (I) for the first 10 hours at one and
a half times the basic rate per hour, (II) for the next 5
hours at twice the basic rate per hour, and (III) thereafter
at three times the basic rate per hour. In addition to wages,
the Government also increased the social benefits to various
groups, including old age pensioners, unemployed, widows and
orphans, and handicapped people.
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MOZAMBIQUE
Mozambique gained independence from Portugal in 1975 following
a decade of guerrilla warfare. The Front for the Liberation
of Mozambique (FRELIMO) , the only party allowed, is the key
decisionmaking organ and articulates government policies.
Joaquim Chissano completed his first full year as President of
Mozambique and Chairman of FRELIMO, following his predecessor's
death in an airplane crash in October 1986. The Council of
Ministers is responsible for the day-to-day operations of the
Government. A self-proclaimed nonaligned, nationalist, and
Marxist-Leninist party, FRELIMO's approach has been
increasingly pragmatic, aimed at dealing with the economic and
political realities of catastrophic drought and growing civil
conflict, which together have uprooted millions of people,
destroyed much of the economic and social infrastructure, and
caused widespread civilian casualties.
The security forces include the military, the People's Forces
for the Liberation of Mozambique (FPLM) , numbering about
30,000 soldiers, a People's Militia, and the Mozambican
National Security Service (SNASP) . Since the late 1970's the
Mozambican National Resistance (RENAMO) has waged a guerrilla
war against the Government, resulting in the death of thousands
of civilians. RENAMO's strength is estimated at 15,000 to
20,000 persons, and RENAMO is active in Mozambique's 10
provinces. Originally the creation of the Rhodesian
Intelligence Service, it now reportedly receives support from
South Africa. In 1987 the Government appointed new FPLM
leadership and sought additional military assistance from the
international community. Among the outside participants, the
Soviet Union and its allies, the United Kingdom, Italy, and
Portugal provide military training and assistance to
Mozambique, while Zimbabwe has a large military presence,
ranging from 5,000 to 8,000 troops. In addition, Tanzania has
about 2,500 troops and Malawi 600 to 1,000 soldiers in
Mozambique. In September 1987, Mozambique and South Africa
resumed discussions aimed at reviving the 1984 Nkomati accord,
which committed them to cease hostile acts against each other
and to search for ways to increase economic cooperation.
President Chissano's Government pressed forward in 1987 with
economic reforms, including rescheduling its $3.2 billion
debt, drastically devaluing its currency, encouraging the
private sector, and seeking foreign assistance. In January
the Government signed agreements with the International
Monetary Fund and World Bank. At the end of 1987, a major
international relief effort was underway to help avert the
danger of famine for 4 to 5 million people.
The Government in 1987 took steps to improve military justice
and to allow increased religious freedom. In addition, the
People's Assembly enacted legislation extending amnesty to
insurgents v;ho seek reintegration into society and reducing
sentences for those convicted under security laws. However,
the overall human rights situation in the country deteriorated
due mainly to the conflict. Both Mozambican security forces
and RENAMO reportedly committed serious abuses against
civilians. However, the line between violence perpetrated by
RENAMO, undisciplined government forces, and renegade elements
without political affiliation was sometimes not clear. By the
end of 1987, over 2 million Mozambicans of a population of 14
million had fled to more secure areas in the country or to
neighboring countries. The increased toll on civilians was
dramatically evident in a series of massacres in the second
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MOZAMBIQUE
half of 1987 commencing with the killing of a reported 424
inhabitants of Homoine in Inhambane Province on July 18.
Although no group claimed responsibility, circumstantial
evidence and the credible reports of eyewitness observers
indicated that these actions probably were perpetrated by
RENAMO insurgents.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The continuing war between the Government and RENAMO has led
to the death of many Mozambicans. Precise figures are
unavailable, and the two sides exaggerate accusations against
each other, but the total number of fatalities over the past
few years is certainly in the thousands. There were no
reliable reports of politically motivated killings in 1987
other than those attributable to the conflict between the
Government and RENAMO. There were no reports of public
executions .
b. Disappearance
There were no confirmed reports of government-perpetrated
disappearances in 1987. The Government's commitment to the
prompt notification of relatives and friends of detained
persons remained suspect, however, and it was often impossible
to know whether a person had disappeared or was in detention.
Security forces, operating under security legislation,
sometimes held detainees incommunicado for extended periods,
despite the fact that detainees have the legal right to contact
their relatives and to receive visitors. The Government has
remained largely unresponsive to international inquiries about
the welfare of detained persons.
According to reliable eyewitness reports, RENAMO continued to
abduct large numbers of rural villagers. Some of the victims
were released after being required to transport captured
materials for long distances or to perform other tasks.
Others were held in rural areas outside of formal government
control. RENAMO also continued kidnaping foreigners in 1987.
Six expatriates taken by RENAMO in December 1986 and January
1987 were held until April 1987. Seven expatriates, including
one American citizen, were held captive from May 13 until their
release at the Malawi border on August 18. RENAMO acknowledged
in June 1987 that it was holding a Portuguese citizen and his
family and one other foreigner. They are still believed to be
in RENAMO" s hands, as is a British citizen captured by RENAMO
in July 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In the early years after independence, political prisoners at
remote government-organized "reeducation camps" were brutally
bound, beaten, and often killed. These camps were used to
intern political prisoners and "antisocial elements." While
the Government has publicly referred to one model
"rehabilitation center" in Inhambane Province, it has claimed
that all except one of the former reeducation camps have been
closed. Precise information on the location and nature of any
reeducation or rehabilitation camps which may exist is not
aval lable .
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MOZAMBIQUE
In 1987 the Government launched several campaigns to improve
discipline and effectiveness within the armed forces, militia,
and police. Government officials, including President
Chissano, have publicly stressed that the security forces must
protect and respect citizens. A major reorganization of the
military high command was ordered in June, and the military
justice system is being reformed. The government-influenced
media have publicized abuses by police and security forces,
and some responsible officials have been disciplined. For
example, local officials and an FPLM political commissioner in
Sofala province were convicted and sentenced for ordering the
execution of two citizens suspected of witchcraft. In another
instance, three militiamen were given prison terms varying
from 4 to 8 years for abuse of power in abduction-rape cases.
As a result of these steps, most observers believe there were
fewer instances of torture in 1987. Nevertheless, there
continued to be reports of capricious and cruel treatment by
some members of the security and defense forces. In addition,
the Government continued the practice of flogging (for example,
as punishment for economic crimes), particularly in rural areas
where incarceration is difficult. Ministry of Justice
officials have publicly condemned excessive and illegal
floggings .
RENAMO reportedly has tortured, maimed, and mistreated both
military prisoners and civilians. Numerous eyewitnesses have
confirmed these reports, referring to RENAMO mutilations of
civilians believed to sympathize with the Government by cutting
off noses, ears, and lips. Thousands of Mozambicans, including
children, are reported to have undergone such disfigurement.
In some instances, abducted villagers have reportedly been
compelled to watch as civilians who attempted to escape or who
had otherwise offended against the harsh regime in RENAMO
camps were slowly hacked to death with machetes.
Prisons in Mozambique are generally marked by inadequate food,
hygiene, and medical care. The Government has sought foreign
and local assistance to improve prison conditions. The
Mozambican Red Cross is now assisting the Government to
improve prison conditions.
In general, there is no information about the Government's
treatment of RENAMO prisoners, but Amnesty International's
1987 Report noted that in 1986 some RENAMO prisoners were
known to be in the custody of SNASP, living in harsh conditions
and with insufficient water and exercise. Reportedly, there
are several reeducation centers for selected RENAMO prisoners,
including a prison in Inhambane where they receive training in
various skills to prepare them for "reintegration" into
society. The length of detention of such prisoners may be
indefinite.
d. Arbitrary Arrest Detention, Exile, or Forced Labor
Since 1979 two separate legal systems have existed. One is
the regular civil/criminal system composed of the judiciary
(courts) and a police force under the authority of the
Ministry of Interior. The other, characterized as
transitional, is the military-run state security system which
incorporates the Ministry of National Security (SNASP) . The
latter system, established to deal with the growing armed
insurgency, has jurisdiction over both political and economic
(sabotage) crimes against the State. These two systems
operate separately and are subject to separate controls.
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Under the state security system, all investigations and
arrests are carried out by SNASP. Detainees may be held
indefinitely, often incommunicado, without formal charges.
They do not have the right to challenge the legality of their
detention. SNASP has the power to conduct pretrial inquiries
without reference to a judge. Amnesty International has
recommended that SNASP' s power to detain persons be drastically
reduced because such unlimited authority invites abuse.
There are no reliable estimates of the numbers of persons
detained for political reasons. Amnesty International
estimated that there were approximately 4,000 to 5,000 RENAMO
detainees, a figure the Government publicly acknowledged.
Neither the Government nor RENAMO have agreed to allow the
International Committee of the Red Cross (ICRC) to visit
detainees .
Under the regular civil/criminal court system, persons accused
of the most serious crimes can be detained up to 84 days
without investigation. With court approval, such detainees
can then be held for two additional periods of 84 days while
the police complete their investigation. While being detained,
individuals have the right to counsel and to contact relatives
or friends. In some cases, detainees may be released from
prison while the investigation proceeds, but the bail system
in Mozambique remains ill-defined. The law stipulates that if
the prescribed period for investigation has been completed and
no charges have been brought, the detainee must be released.
In practice, these procedures are not always followed, and
legal counsel is frequently not available. However, the
Government is making efforts to improve the administration of
justice and due process; in 1987 it began training 25 public
defenders to handle cases before the Mozambican courts.
In 1985 as part of the "offensive for legality," the
Government set up a judicial inspectorate to help supervise
the administration of courts and prisons. During 1987 the
Ministry of Justice continued its effort to ensure that
detainees held by police were afforded access to government-
provided legal assistance. The Ministry of Justice also
launched programs to publicize basic laws and rights of
defendants, families, and children and to conduct seminars on
human rights throughout the country.
During 1987 there were no reports of anyone being exiled from
Mozambique (see also Section 2.d.). As far as is known,
compulsory labor is not practiced by the Government. RENAMO
reportedly makes extensive use of captive labor to carry
supplies and to perform other support functions.
e. Denial of Fair Public Trial
The modern judicial system is based on Portuguese civil law.
There are a series of People's Courts at the district and
provincial levels, and a Superior Court of Appeals in Maputo.
Nonpolitical trials conducted by the regular civil/criminal
court system are generally fair and are held in public.
At the local level, there are also customary courts. Trials
are often conducted in a public place in the village where the
crime was allegedly committed in order to encourage public
attendance and participation. The proceedings are conducted
by a trained representative of the Ministry of Justice,
assisted by two or four popularly elected "judges." Since the
legal knowledge of those involved is limited, they are
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instructed to exercise common sense and to apply locally
accepted principles.
These traditional or customary courts can handle only minor
offenses; more serious crimes are tried in the people's courts
at the district and provincial levels. District and
provincial trials are also open to the public. In certain
cases, such as rape, the defendant can request a closed
trial. Persons convicted of a serious crime have the
automatic right of appeal to the next higher court.
Inspections of the judiciary process in several provinces
during 1987 were reported by the media, and efforts were made
to give defendants speedier access to trial.
Prisoners charged with crimes against the State are tried by
the Revolutionary Military Tribunal and are denied most due
process rights. Trials are held in camera, and there is no
appeal. Defendants are generally not informed of the precise
charges against them and are not permitted to call witnesses
for their defense. In 1987 the People's Assembly approved the
country's first military crimes law and a military tribunal
law. The military crimes law will take force in July 1988 to
allow time for organization of the military tribunals. The
military crimes law can be applied to military personnel and
civilians alike. It defines a military crime as "any socially
dangerous action or omission which affects military ethics and
discipline, or that endangers, prejudices, or disturbs combat
capacity or military security, and which is covered in
existing military law." Penalties range from 30 days'
imprisonment to death.
In 1987 the People's Assembly passed legislation authorizing
pardons and amnesty for about 1,500 convicts, and the media
carried stories regarding the release of some of these
persons. In March the media reported that 380 prisoners were
granted clemency in Sofala province and 40 in Inhambane
province. In December 1987, President Chissano proposed, and
the People's Assembly approved, two important laws on amnesty
and pardon. The first gives amnesty to insurgents who turn
themselves in to local authorities and seek reintegration into
society. The second shortens the sentences of persons
convicted of crimes under the 1979 security legislation.
Government officials have said that in connection with these
two new laws, efforts would be made to speed the processing of
persons who have been held for extended periods without being
tried. The pardon law specifically states that time spent in
detention prior to trial will count toward sentence reduction
if the detainee is eventually convicted of a crime.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The party apparatus is used to monitor daily life. In areas
of active insurgency, homes are entered at will by security or
police forces. It is widely assumed that surveillance devices
are employed to monitor the local and international
telecommunications systems. There have also been reports of
tampering with mail, especially mail from abroad. Regular
foreign broadcasts are received without interference, and
there is no restriction on listening to them. The Governmenc
does not generally interfere with family affairs such as
marriage or the rearing of children.
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g. Violations of Humanitarian Law in Armed Conflicts
Both government forces and RENAMO have been responsible for
the death of civilians in the course of the conflict between
them. Strong circumstantial evidence suggests that RENAMO was
responsible for a series of massacres of civilians in southern
Mozambique and the eastern fringes of Zimbabwe during the
second half of 1987. The most brutal attack occurred on July
18 at Homoine in Inhambane Province, in which 424 civilians
were killed, according to the Government. An American
eyewitness saw the attackers shoot and kill a group of women
and children and reported that other victims had been killed
with machetes and bayonets. Similar attacks occurred in
Manjacaze on August 10 in Gaza Province in which the
Government said 93 civilians were killed; at a Methodist
mission station in Cambine, where church sources report 15
were killed; and Michafutene in Maputo Province, where the
Government said 27 persons were killed. Expatriate missionary
personnel working in these areas stated that other attacks of
this sort occurred in Gaza and Inhambane provinces. In
addition, the Government stated that more than 300 persons
were killed in two separate attacks on convoys near Taninga in
Maputo province in October 1987. Foreign diplomats who
visited the site shortly after the second attack saw more than
90 burned out vehicles, including trucks carrying food aid,
and passengers' belongings strewn along the highway. RENAMO
spokesmen acknowledged carrying out attacks in southern
Mozambique but denied attacking civilians.
On November 5, the Government appealed to the international
community for assistance in treating 30 children (ages 5 to
16) whom it said it had brought to Maputo from RENAMO camps
destroyed by government forces. The children had reportedly
been abducted by RENAMO and trained to participate in its
attacks. Several children had been mutilated.
The Government publicly rejects negotiations and continues
aggressive efforts to combat RENAMO. There have been
unconfirmed reports that errant Mozambican troops and militia
rob vehicles on highways and sometimes kill passengers to
prevent identification. Civilian casualties may have occurred
during large-scale operations by government troops in the
central provinces, which sometimes included bombing raids.
RENAMO claimed that 50 civilians were killed during a bombing
raid by Zimbabwean forces in Sofala province in December.
Amnesty International has received reports of killings and
mutilations of captives by both government and opposition
forces. The Catholic bishops of Mozambique publicly decried
the violence perpetrated against the civilian population by
both sides and called for dialog and national reconciliation.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedoms of speech and press are circumscribed. However, in
1987 the Government exhibited greater tolerance for public
criticism of government policies and officials. The President
held a series of "town meetings" in half of the country's
provinces in early 1987. He heard numerous criticisms of
officials and official policies at each stop. Subsequently,
he announced that ombudsmen offices would be established in
the provinces for citizens to register their complaints
without fear of retribution. Offices have already been
established in at least two provinces.
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MOZAMBIQUE
The Government exerts control, either directly or indirectly,
over all authorized media in the country, ranging from the
radio and experimental television facilities to the nominally
independent daily Noticias. Some foreign publications,
including independent Western newsmagazines, are available in
bookstores. The Mozambican media promote the Government's
general philosophy and its positions on issues. There is,
however, controlled reporting on abuses within the system or
flaws in the implementation of government policies in those
areas where the Government has admitted to errors or wishes to
initiate changes. For example, in Nampula province, the
Government established a commission of inquiry to investigate
allegations of local reports of torture which first appeared
in Noticias. Magazines and newspapers frequently contain
articles or letters to the editor complaining about the lack
of goods or social services or the ineffectiveness of a
particular official.
Western journalists (including Americans) are welcome in
Mozambique, and the Government generally works to make their
visits productive.
b. Freedom of Peaceful Assembly and Association
Political opposition to the Government is not permitted.
Public meetings other than purely social or recreational
gatherings are controlled by the local authorities. The
Government has organized several "mass movements" for groups
such as women, youth, and workers and utilizes them to
motivate and to receive feedback from the general population.
There are also several professional associations, such as the
Mozambican Writers' Organization, which are linked to the
party. Although membership in these organizations is
theoretically voluntary, the party occasionally exerts
pressure to join.
The formation of independent labor unions is not permitted,
and strikes are forbidden. In 1983 the Government established
the Mozambique Workers* Organization which was intended to
function as a national labor union under party guidance. The
Organization has little influence on economic policy or
politics, but the number of party-controlled unions under this
umbrella organization was expanded during 1987. There were a
number of exchanges of delegations in the labor field with
other countries, most often with Eastern European countries,
but occasionally with Western nations.
c. Freedom of Religion
The Constitution provides for freedom of religion and
separation of church and state. In the past, the Government
restricted religious activities, reserving the right to decide
whether individual church buildings could be utilized, and it
nationalized church schools and hospitals. However, the
improvement in church/state relations, which began several
years ago, continued in 1987, and organized religions
generally operated without official harassment. A number of
religious delegations visited Mozambique during the year, and
the Government and the Vatican discussed further means of
improving relations between church and state. Also in 1987,
2,000 Jehovah's Witnesses who had been deported or exiled by
the Government in 1976 were allowed to return home. A pastoral
letter issued by the Catholic bishops in May calling for dialog
and national reconciliation to end the conflict was attacked
in the government-influenced media, but the Government did not
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MOZAMBIQUE
block the reading of the letter from pulpits or its
circulation. The government-influenced media have publicized
various aspects of Protestant, Catholic, and Muslim
humanitarian relief efforts.
Although the Government reserves the right to decide whether
individual clergy can visit outlying areas, it usually allows
such travel in connection with pastoral duties. Most churches
have been allowed to reopen, and services are well attended.
The Muslim community has established a national organization,
resumed religious training, reopened mosques, and sent groups
on pilgrimages to Mecca. Party members are not formally
prohibited from membership in a church or mosque, although
such membership is discouraged.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel and relocation within the country are controlled by
security and employment requirements under the rationale of
assuring public and social order. Ambushes by insurgents make
road travel hazardous throughout the country. Mozambicans
planning to travel outside their district must obtain a travel
permit from local government authorities. In practice, this
system is not always enforced, especially with regard to
travel within the general vicinity of one's residence.
Mozambican law does not address the issue of emigration, but
in practice Mozambicans can emigrate if they wish. In recent
years, over 2 million persons have been dislocated within
Mozambique, and more than 750,000 persons have fled across
borders to neighboring countries as refugees or displaced
persons due to the intensification of the conflict and
famine. The Government cooperates with the United Nations
High Commissioner for Refugees and is committed to resettling
these refugees when security conditions permit their
repatriation. The Government has publicly and privately made
clear its opposition to forced repatriation, but in June some
9,000 Mozambicans were forcibly repatriated from Zimbabwe at
the unilateral initiative of the Government of Zimbabwe.
Moreover, it is not clear, because of security conditions,
that repatriates would be free to return to their home areas.
Since 1981 the Government has had a policy of welcoming back
Mozambicans who left the country, and President Chissano
specifically invited Mozambicans who have been living abroad
for economic or political reasons to return. In the past,
some Mozambicans who had opposed the party before independence
were jailed upon their return to Mozambique. Such imprisonment
remains a possibility, but Mozambicans who since 1986 have
accepted the Government's invitation to return apparently have
not suffered harassment or retribution. Supporters of the
insurgency or outspoken critics of the Government generally
have opted not to return to Mozambique.
A 1982 law allowed for the reacquisition of citizenship by
Mozambicans who left the country and assumed another
nationality. In December the People's Assembly enacted a
nationality law restoring Mozambican citizenship to women who
lost it through marriage to foreigners.
Since independence, the Government readily provided asylum to
refugees from neighboring countries. Because of the difficult
conditions within Mozambique, there were only an estimated 500
refugees in the country at the end of 1987. Most refugees in
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MOZAMBIQUE
Mozambique are from South Africa and Chile. Since signing the
Nkomati Accord in 1984, the Government has restricted entry of
members and supporters of the African National Congress.
Despite poor economic conditions and civil war, the Government
continues to assist refugees by providing land, housing, relief
assistance, social services and, in some cases, employment.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens are not free to change their Government: no organized
political opposition is allowed. The FRELIMO party and the
Government are controlled by a small cadre of senior officials
in the Politburo, but there is scope for political
participation for those who are not party members. Some
government ministers are not members of the party. The
legislature, the People's Assembly, serves to ratify
legislation prepared by the government party. Its votes
usually are unanimous. However, the Assembly held spirited
discussions in 1987 and revised several reports presented to
the second session. The Assembly normally convenes twice a
year for 1-week sessions. The Constitution is being revised
under party and government supervision, reportedly with the
objective of increasing political participation within the
one-party structure.
The party and Government espouse a system of "people's
democracy" whereby decisions theoretically are made by
consensus: in practice, this means that policies and
initiatives emanate from above. The electoral process is
closely controlled by the party. The first national elections
since 1977 for People's Assemblies at the local, district,
provincial, and national levels were held in 1986. The party
drew up single slates of candidates for the elections, and
party structures reviewed these slates with the local
population prior to the election. Voters had some degree of
choice since there were, by law, 20 percent more candidates
than seats available in the various assemblies. Some members
of the provincial and district People's Assemblies are not
party members, and at least 15 members of the national
People's Assembly do not belong to the party.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government's attitude regarding such outside investigation
has been mixed. The Government has discussed the status of
RENAMO prisoners with international relief organizations,
including the ICRC, but it does not permit, as yet, ICRC
access to political detainees. RENAMO categorically refuses
to allow ICRC visitations to prisoners. The Government did
not respond to inquiries and recommendations by Amnesty
International to strengthen controls against torture and to
limit the right of security forces to hold detainees for
unlimited periods without charge. In some cases, however, the
Government has responded to inquiries on specific detainees'
cases, and it has reportedly responded positively to some
allegations of torture by establishing a provincial commission
of inquiry and dismissing a military officer.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In spite of the strains imposed by the conflict and the
economic collapse, racial harmony remains a hallmark of
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MOZAMBIQUE
Mozambican society. While the majority of the FRELIMO
leadership are members of the southern-based Shangaan tribe,
within the black population of Mozambique the individual
ethnic groups are treated fairly by the Government. RENAMO
has sought to obtain support by exploiting historically based
intertribal antipathies, especially in the central and
northern part of the country. As a result of the greater
educational opportunities which were available to ethnic
Asians and whites prior to independence, they hold important
positions in numbers much greater than their proportion of the
general population.
Women have, in theory, equal rights under Mozambique's
Constitution, and, with government support, are increasingly
prominent in government positions, particularly at the working
levels. The Government is continuing efforts to improve the
legal status of women. For example, a main purpose of the
nationality law passed by the People's Assembly in December
1987 was to give women equal rights in this important area, by
allowing women who marry foreigners, and their children, to
retain Mozambican nationality. The Organization of Mozambican
Women is the party's mass organization that aims to assist
women as, for example, in helping to establish day-care
centers. However, in a largely rural society, the reality is
that the vast majority of women are still bound to traditional
roles, such as childbearing and tilling the fields.
CONDITIONS OF LABOR
Most of the population is engaged in subsistence agriculture
and is outside much of the wage economy and government
regulations concerning working conditions. In the small
modern sector, the Government has enacted health and
environmental laws to protect workers. On occasion, the
Government has closed down firms for noncompliance of these
laws, but enforcement is limited and difficult in the current
economic situation. Legislation containing job-related
safeguards for pregnant women and new mothers provides for the
right to 60 days' maternity leave. If firms have day-care
facilities, women reportedly have the right to two half-hour
breaks daily for a year to feed their children. Child labor
is also controlled, and the minimum working age (excluding
agriculture) is 16. The Government sets wage rates. As part
of the economic reform program, after currency devaluations
totaling almost 1,000 percent, the Government increased wages
by 50 to 90 percent, but wages are still woefully inadequate,
given the high rate of inflation and price rises that are part
of the economic reform process. The minimum wage is
approximately $28 per month.
Until recently labor law in Mozambique placed extensive
restrictions on employers' control over their employees.
However, the Government has enacted a comprehensive
labor law that increases the autonomy of employers. Among
other things, it allows both public and private firms to fire
employees without obtaining governmental permission. Companies
may now also reward their best workers with bonuses and
penalize less productive employees.
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Namibia is a political anomaly, and its unique status
significantly affects the human rights situation in the
territory. Formerly German South West Africa, Namibia has
been ruled by the Republic of South Africa since 1915. The
United Nations lifted South Africa's 1920 League of Nations
mandate in 1966. However, South Africa refused to relinquish
the territory and ignored a 1971 advisory opinion of the
International Court of Justice upholding U.N. authority over
Namibia and calling for South Africa's immediate withdrawal.
Although the South African Government's representative in
Windhoek, the Administrator General, continues to "administer"
Namibia, South Africa over the years has created several
structures to which it has devolved some autonomy over internal
affairs. (South Africa retains direct responsibility for
foreign affairs, defense, and the territory's constitutional
status.) The most recent structure created, the Transitional
Government of National Unity (TG) , has been serving since June
1985. A number of political groups refused to join the TG,
including the South West African People's Organization (SWAPO),
the largest and most important group opposing South Africa and
the TG. The international community does not recognize the TG
and holds the South African Government responsible for the
actions of the Namibian authorities.
In 1978 the United States, the United Kingdom, France, the
Federal Republic of Germany, and Canada drafted a proposal for
Namibian independence agreed to in talks with South Africa,
SWAPO, and the neighboring states (known as the "Front Line
States"). This proposal was adopted by the United Nations
Security Council as UNSCR 435. It calls for a cease-fire, the
phased withdrawal of South African forces, and free elections
under U.N. supervision. South Africa has said it will
implement UNSCR 435 only with a satisfactory commitment by the
Angolan Government on the parallel withdrawal of Cuban troops
from Angola. The United States, Angola, and South Africa have
held periodic talks on a timetable for Cuban troop withdrawal
and, in past years, the Angolan and South African Governments
have made formal proposals on the numbers and timing of that
withdrawal. The United States held talks with Angolan
officials in April, July, and September 1987 on this issue.
Meanwhile, Namibia continues to experience low-level guerrilla
conflict with insurgents of SWAPO's military branch, the
People's Liberation Army of Namibia (PLAN), fighting the South
African Defense Forces (SADF), and Namibia's South-West Africa
Territorial Force (SWATF). SWAPO draws its strength
principally from within the Ovambo tribe. The bulk of the
insurgency and counter insurgency effort occurs in the north in
Ovamboland and Kavango, but violence erupts sporadically
throughout the country. Guerrilla activity by PLAN diminished
in 1987 in the face of effective South African operations.
SWAPO, whose external political and military wings are based
in Luanda, Angola, also has a political wing which is allowed
to operate inside Namibia.
Some 60 percent of the population of 1.3 million lives by
subsistence agriculture. The modern economy relies on mining
(which employs at least 10 percent of the work force), fishing,
ranching, and food processing. Gross domestic product grew by
3.5 percent in 1986 and was expected to grow by about 2.5
percent in 1987, according to government statistics. However,
the relative lack of diversification in the economy has
produced uneven growth. Economic conditions are particularly
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NAMIBIA
severe in the north. Overall the Transitional Government
estimated unemployment to be 15 percent in 1986.
In 1987, as over the past 20 years, most reports of human
rights violations by government authorities or SWAPO involved
actions taken in the "operational area" in northern Namibia
(where over half of the territory's population lives) and
during South African raids into southern Angola. Arbitrary
government detention without access to counsel or visits by
family members as well as other restrictions, e.g., on freedom
of assembly, continued. During 1987 the TG ' s Constitutional
Council grappled with the drafting of a constitution. A
majority of the Council's members accepted a draft that would
effectively end ethnic-based government, but the South African
Government said the draft did not provide adequate guarantees
for group or minority rights. In a move interpreted by some
as a sign of displeasure over the majority draft constitution,
the South African Government cut its subsidy to Namibia by
$100 million.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Namibia remains an arena of guerrilla conflict, and in the
course of operations there are periodic reports of politically
motivated attacks and killing by both government security
forces and SWAPO (see Section l.g.). The SADF/SWATF claim
SWAPO guerrillas have murdered some civilians of the dominant
Ovambo tribe in the northern operational area, allegedly to
intimidate others into supporting SWAPO or at least refraining
from helping the security forces.
There are regular and numerous reports of abuses, including
killings, by an internal police counter insurgency force
formerly known as "Koevoet" ("Crowbar"), and now known as
"Coin" (short for "counterinsurgency" ) . In the most prominent
case, six security force members were charged in September
with murder in the killing of SWAPO member Immanuel Shifidi
during a SWAPO rally in November 1986. The trial was
continuing at the end of 1987.
b. Disappearance
Under security legislation, security forces need not notify
anyone when a person is detained, and they often hold
detainees inconununicado for extended periods of time. As a
result, some Namibians have "disappeared" only to turn up
later in detention cells. As in previous years, there were
reports in 1987 that security force officials failed to
respond to requests from family members for information. In
such cases, legal counsel sometimes has to petition the courts
to obtain information on suspected detainees. Amnesty
International (AI), in its 1987 Report (covering 1986), noted
that the van Dyck Commission (see Section I.e.) had determined
that the security police had not kept records on detainees
under security law AG-9 . AI stressed that this failure to
keep records may explain why in previous years the authorities
were unable to account for people whose relatives believed
they had been detained.
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NAMIBIA
In 1987 there was a continuing controversy over what has
happened to approximately 100 SWAPO members. One Namibian
group, the Parents Committee, and the International Society
for Human Rights claimed that SWAPO had itself killed several
of these persons and was holding the remainder against their
will. SWAPO claimed that the persons concerned were "spies"
and were being held in camps in Angola and Zambia. These
"disappearances" also may be related to the SWATF claims that
SWAPO kidnaps civilians, particularly young people, to gain
recruits. SWATF claimed in June that SWAPO had abducted 89
people, including 73 children, in the previous 2 weeks. Eight
of the 73 children reportedly "escaped." SWAPO consistently
has denied claims of kidnaping, saying that its recruits come
voluntarily.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Allegations of abuses by security forces, particularly
Koevoet, continued in 1987. As in earlier years, political
leaders, clergymen, and others regularly made detailed
allegations that the police and security forces engaged in
brutal treatment, including severe beatings, of civilians,
primarily in northern Namibia, in and out of detention. Some
of these allegations have been confirmed, either through
admissions by security force personnel or through
investigations. The Transitional Government's Minister of
Justice stated publicly that the TG should not be held
responsible for police or Defense Force atrocities, as it does
not control these forces.
The authorities have investigated some, but not all, cases of
alleged misbehavior by security forces. In a few cases,
investigations were spurred by defense attorneys' threats to
institute what are known as "private prosecutions" of security
officials. In a 1987 case, a South African police captain,
Pat King, stood trial for the torture of several Ovambo
citizens and the killing of one of them, Johannes Kakuva, in
1980. King was acquitted in December 1987. In another case,
a Koevoet captain admitted during a trial of eight suspected
SWAPO insurgents that he had beaten one of the accused in
order to force a confession. The confession was excluded as
evidence, but the victim nevertheless was convicted of
terrorism. Upon the judge's recommendation, two officers
involved in the interrogation of Johnny Heita and seven others
were investigated for their conduct. However, the Government
decided in November not to prosecute. The SADF has stated
that during 1985 and 1986, 29 SADF members were tried,
convicted, and sentenced in the Windhoek Supreme Court to
terms ranging up to 22 years in prison.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Government employs three pieces of security legislation
granting broad powers of detention. In contrast to previous
years, in 1987 the Government relied primarily on Section 6 of
the Terrorism Act of 1967 to detain suspected insurgents or
SWAPO sympathizers. This Act, repealed in South Africa but
continuing in force in Namibia, is the harshest of the three
laws, allowing for indefinite incommunicado detention without
review. Under the Act, the detainee frequently is held in
solitary confinement and does not have access to counsel, his
own physician, family, or friends. He does, however, have
access to government-appointed doctors and magistrates. The
other two laws, enacted by proclamations of the Administrator
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NAMIBIA
General and also providing for detention without trial, are
known as AG-9 and AG-26. The former, which heretofore
constituted the legal basis for most detentions, allows for
access to counsel only after 30 days; the latter allows for
early access.
It is not certain how many people were in detention during
1987. In a response to a parliamentary question in June,
South African President Botha stated that there were a total
of 10 Namibians in detention without trial under the three
security laws; 9 under the Terrorism Act. But the TG ' s
Minister of Justice said in May that several people were being
detained under AG-26.
In the most important detention case, the police detained six
SWAPO m.embers and trade unionists, five on August 18 and one
on August 26, ostensibly under the Terrorism Act. They were
Dan Tjongarero, Nico Bessinger, Hendrik Witbooi, Anton
Lubowski, John Pandeni and, later, Ben Ulenga. The police
claimed that they were being detained in connection with
SWAPO" s July bombing of a Windhoek parking garage. However,
the Windhoek Supreme Court ordered the release of the six on
September 11 and criticized the Government for continued
recourse to the Terrorism Act, describing it as "draconian."
Although courts cannot review detentions under the Terrorism
Act, the Court released the detainees because the police had
improperly invoked the Act.
Some of the same SWAPO members and trade unionists had been
arrested earlier in the year under AG-9, and SWAPO's Secretary
for Labor was detained under the same decree in October. In
at least three instances people were initially detained under
AG-9 but later held under the more restrictive Terrorism Act.
There were no legal challenges to the constitutionality of
security legislation in 1987, as there had been in 1985 and
1986, and all the security provisions remain in force.
Although the TG ' s own "Bill of Fundamental Rights" stipulates
that "no one shall be detained for an indefinite period of
time without a fair and proper trial by a court," the uncertain
status of the TG and continuing rule by South Africa prevented
this right from being respected fully. The South African
State President issued Proclamation 157 of 1986, which stated
that no court would be competent "to inquire into or pronounce
upon the validity" of any act passed by the South African
Parliament before or after the formation of the TG . Since the
TG has not won approval from South Africa to apply a new
constitution, the Appeals Court in South Africa (the highest
court for Namibian legal matters) ruled that no law in force
before the institution of the Bill of Rights (June 1985) was
subject to the Bill's provisions.
There is no forced labor in Namibia.
e. Denial of Fair Public Trial
The judiciary (Supreme Court, magistrate courts) is independent
of the executive (TG) , but its authority is limited by TG and
South African legislation and subject to appellate review by
the South African Court of Appeals in Bloemf ontein. The
Namibian judicial structure comprises two overlapping systems--
one for whites, westernized blacks, and coloreds, and another
for the indigenous African people. In 1919 Roman-Dutch law
was declared the common law of the territory.
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Most trials are held in public, and the defendants have a
right to counsel. Those who are brought to trial generally
receive a fair hearing based on the legal merits of their
case, and there is a right of appeal.
There was no further action on the van Dyck Commission report,
issued in October 1986, which proposed revisions in the
security legislation. The Commission had recommended, inter
alia, that the security laws be consolidated into one act.
The Commission would permit the retention of detention without
trial. The proposals would also place the burden on defendants
to prove their innocence "beyond a balance of probability" once
the prosecution has established that the alleged crime did
occur and that the accused had some knowledge of it.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Security legislation allows the security forces almost
unlimited powers of search and seizure. Invasion of homes is
said to be connmonplace in the northern operational zone. Cars
are searched at security checkpoints. Telephones and mail of
those unsympathetic to the TG and the security forces are
believed to be monitored. Some individuals charge that they
are under periodic surveillance. There have been allegations
that security forces have threatened civilians to obtain
information on suspected SWAPO insurgents.
g. Violations of Humanitarian Law in Armed Conflicts
Namibia has witnessed insurgency and counterinsurgency since
1966. Although the combat action is often described as
low-level guerrilla activity or as a "bush war," the
cumulative costs in casualties and resources are high, and
there is no end to the conflict in sight.
In this long-running conflict, many innocent civilians have
been hurt or killed. There are regular charges of abuse by
security forces, particularly in the "operational area" of
northern Namibia. The brother of a prominent church leader
was killed in June. While the South African Defense Force
admits shooting the man, Joseph Dumeni, SADF claims he was
shot while violating the dusk-to-dawn curfew in the
operational area in northern Namibia. His family claims,
however, that he was killed in Angola before the curfew.
There have been calls for a police investigation, and Dumeni "s
wife is suing the SADF and the South African Defense
Minister. In June one young woman was killed by security
forces during a disputed curfew violation. Several other
people have been shot during alleged curfew violations. In
early October, security forces allegedly killed one woman and
injured two others at an Ovamboland hospital.
Civilians have also been killed in the course of both security
force pursuits of insurgents and SWAPO insurgent actions. Two
were killed when a Koevoet armored vehicle reportedly ran over
a hut in Ovamboland. The SWATF claimed that a SWAPO bombing
of an Ovambo shop killed 2 and injured 22. Other civilians
reportedly were killed when vehicles exploded landmines
planted by the guerrillas. The Government alleged that two
children were killed in October by antipersonnel mines planted
by SWAPO. A SWAPO bomb blast at a post office in Walvis Bay
in November slightly injured one security guard. Two other
bombs within a 24-hour period in Swakopmund and along a rail
line in Windhoek caused minor damage and no injuries. The
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NAMIBIA
July car bomb in the parking garage of Windhoek's largest
hotel and shopping center caused substantial damage but no
injuries. Civilian casualties could have been significant if
the bomb had exploded during business hours. There have been
further allegations of kidnapings by SWAPO. Security forces,
particularly Koevoet, have been accused of beating civilians
during searches for insurgents or as a means of intimidating
civilians in the north, ostensibly to discourage assistance to
SWAPO guerrillas.
The Government and SWAPO have blamed each other for several
bombings or other attacks in 1987. The most notable example
was the bombing and total destruction of a Roman Catholic
church in Ovambo in September (there were no injuries). The
security forces alleged SWAPO had carried out the action;
SWAPO denied this, arguing that there was no reason to launch
an attack against a group which is considered sympathetic to
SWAPO .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Both South Africa and the TG restrict non-Namibians from
speaking out on political issues within Namibia. The TG has
the authority to ban outsiders from entering Namibia to give
speeches. The law also bans rightwing groups — including the
Conservative Party, the Herstigte Nasionale Party, and the far
right Afrikaner Weerstandsbeweging from speaking on plans for
Namibian independence.
Namibian newspapers are subject to South African press laws,
including the Internal Security Act of 1950, which restrict
reporting on some security matters. Nevertheless, Namibian
newspapers can and often do publish stories critical of the
security forces and TG. Although the Government controls the
electronic media, newspapers represent views covering the
entire political spectrum. Editorials have supported a
variety of views, including pro-SWAPO sentiments. Newspapers
also continue to publish stories critical of the activities of
specific government employees.
There were, however, instances of government restrictions on
the press in 1987. The weekly. The Namibian, alleged that it
was harassed and its reporters and photographers were not
given equal access when covering security-related stories.
The South African Directorate of Publications, which determines
which stories are publishable, banned distribution of a January
issue of The Namibian for publishing a photograph of an armored
vehicle with bodies of dead SWAPO insurgents strapped to the
outside of the vehicle. The South African authorities also
banned a September edition of the weekly Observer, on security
grounds .
Publications which are banned in South Africa are for the most
part also banned in Namibia. Some SWAPO publications have
routinely been declared "undesirable" and thus illegal to sell
or distribute. Windhoek bookstores carry some publications
which one would not find in South Africa, and regulations
regarding sexually oriented publications are somewhat less
stringent in Namibia.
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b. Freedom of Peaceful Assembly and Association
Namibian law requires that persons wishing to organize public
meetings must obtain prior approval from the Government under
the Notification and Prohibition of Meetings Act. Bans on
meetings can also be imposed under the Riotous Assemblies Act
of 1956. The Windhoek Supreme Court removed some restrictions
on SWAPO meetings in 1986. As a result, there were no further
outright bannings of SWAPO meetings in 1987, and SWAPO held
several rallies including a May Day rally. However, security
forces forcibly broke up some SWAPO meetings claiming they
were acting in self-defense or were reacting to the presence
of SWAPO members armed with weapons. In one incident, Rossing
Uranium, one of the country's largest employers, expressed its
"extreme concern" over the police breakup of a SWAPO meeting
near its mine in Swakopmund. The police said they arrested
eight people for possession of dangerous weapons and claimed
the eight attempted to attack the police. Others at the
gathering, however, said that none of the rally-goers carried
weapons and that the police action was unprovoked. Security
forces have also fired teargas or rubber bullets
indiscriminately at rallies, according to several witnesses.
Labor unions are legal in Namibia, and they have the right to
engage in collective bargaining and to strike. In 1987 there
was substantial union activity and several strikes. There are
approximately 15 unions in Namibia, several of which were
first registered by the Government in 1987. Most Namibian
workers are not unionized, but the majority of workers in the
largest single private sector of the economy, mining, are
unionized. To limit politicization of the unions, the
Government has legally proscribed South African unions from
organizing in Namibia. Unions represent different political
views, but the largest unions, allied in the National Union of
Namibian Workers (NUNW) , are sympathetic to SWAPO, and their
leaders are SWAPO officials.
There are no industrial courts in Namibia, but there are
conciliation boards. Although unregistered unions can bargain
with their employers if they are recognized by management,
they do not have access to conciliation boards. There were 43
strikes in Namibia during the first 5 months of 1987, the last
period for which figures are available.
c. Freedom of Religion
Namibians enjoy freedom of religion. Almost all Namibians are
Christians, with the Lutheran Church having the most adherents;
The largest group belongs to the Evangelical Lutheran Ovambo-
Kavango Church, now known as the Evangelical Lutheran Church
in Namibia (ELCIN) . Roman Catholic, Anglican, Methodist, and
Dutch Reformed churches are also active. There is one Jewish
synagogue, in Windhoek.
The majority of church leaders are openly critical of the TG,
and are allied through the Council of Churches of Namibia
(CCN) . CCN leaders claim that they are regularly harassed,
and several church officials were denied passports in 1987, as
they had been in earlier years. The security forces and the
Government have said that these church people are SWAPO
supporters .
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d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
A dusk-to-dawn curfew in the entire operational area of
northern Namibia remains in place. A legal challenge to the
curfew by some church leaders failed in the Windhoek court in
1986 and in the appeals court in South Africa in 1987. The
curfew, as noted elsewhere, has served as the backdrop for
several disputes over alleged human rights abuses by the
security forces.
Until November 15, 1987, when the requirement was eliminated,
there were six security districts which no person could visit
without first obtaining a police permit. The districts
affected included Ovamboland, Kavangoland, Kaokoland,
Bushmanland, Hereroland East, and the Eastern Caprivi.
Obtaining a permit generally took 2 days. Church people
complained that the permit requirements restricted their
access to the north, where most of their parishioners live.
South Africa, through the Administrator General in Windhoek,
controls foreign travel by Namibians. There were several
cases in 1987 where political opponents of the TG were denied
either passports or travel documents. Since the holding of a
passport is considered a privilege, not a right, those denied
passports or travel documents cannot appeal through the
courts. The Administrator General and his officers do not
have to provide reasons for a denial.
There were no known deportations under the "Residence of
Certain Persons in South West Africa Regulation Act," which
allows for the deportation of non-Namibians who threaten the
public order.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Namibians do not have the right to change their government.
South Africa still maintains control over the territory, even
though the United Nations has declared South Africa's mandate
illegal. While the Transitional Government in theory controls
most government portfolios except for defense and foreign
affairs, the South African Government and its representative,
the Administrator General, still maintain ultimate authority.
The TG and the National Assembly are appointed, not elected,
bodies. Namibia is administered by a three-tiered structure,
created in 1980 under a decree, promulgated by the
Administrator General, known as AG-8, which provides for a
central legislative body (the National Assembly), 11
ethnic-based second-tier authorities, and local or municipal
authorities. Only some of the second-tier legislatures have
been elected. The second-tier element, which currently
establishes the Namibian political system on an ethnic basis
rather than on a national nontribal basis, generates
considerable internal political debate. The Transitional
Government requested during 1987 that the Windhoek Supreme
Court offer an advisory opinion on whether AG-8 violated the
antidiscrimination provisions of the TG ' s Bill of Fundamental
Rights. The opinion, which had yet to be issued at the end of
1987, would not be binding. The possibility of ethnic or
regional elections was discussed during 1987, but a 1-year
moratorium has been issued on most second-tier elections.
(The Ovambo and Damara authorities are not included in the
moratorium.) The Rehoboth Basters, 1 of the 11 ethnic groups.
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NAMIBIA
are ruled under a separate dispensation and held elections
December 16. Such elections are not recognized internationally
because of the U.N. withdrawal of South Africa's mandate.
UNSCR 435 calls for internationally supervised elections of a
national constituent assembly as part of the independence
process. Although UNSCR 435 calls for these elections before
the drafting of a constitution, the South African President
created a Constitutional Council containing members of the TG
to devise a constitution. The Council reached majority but
not unanimous agreement on a draft in 1987. However, this
draft apparently was unacceptable to the South African
Government because it did not provide adequate guarantees for
minority ethnic groups. In June, after a meeting between
South African Government and TG officials in Windhoek, it was
decided to offer the majority draft and another one, supported
by the South West Africa National Party and the Rehoboth
Basters, for public comment. Discussions among the TG
majority, the TG minority, the Administrator General, and the
South African Government on the constitution were continuing
at the end of 1987.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Administrator General and the TG had a mixed record in
1987 in permitting critics of Namibia's human rights situation
to visit Namibia. A representative of the Lawyers' Committee
for Human Rights initially was refused a visa, but then was
allowed entry. Some church officials, including those
belonging to the territory's largest denomination, the
Lutheran Church, were allowed into the country. The TG
refused two Lutheran groups visas for a "pastoral visit" in
October, claiming the groups "are not in favor of the
Government and they have not contributed to the peace and
stability of this country." The Lutheran World Federation
protested the visa denial to President Botha. During 1987 the
International Committee of the Red Cross (ICRC) visited 25
persons at Windhoek security prison who had been sentenced or
were awaiting trial on the basis of security laws and arranged
for family visits to the prisoners. The ICRC is seeking
access to all detainees arrested in connection with the
conflict, and negotiations among the ICRC, the TG, and the
South African Government were continuing at the end of 1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Namibia's second-tier government authorities are based on the
following racial and ethnic groups present in the territory:
Ovambo, Whites, Damara, Herero, Kavango, Nama, Colored (mixed
race), Kaokovelder, Bushmen, Rehoboth Baster, Caprivian, and
Tswana. Namibia's population in 1987 was estimated at 1.3
million, of whom just over half are Ovambo. There are
approximately 75,000 whites in Namibia. Although some
government revenues are shared among all the groups, much of
the tax revenue collected from members of the different ethnic
groups stays with that group. Thus, white medical and
educational facilities are far superior to those of the other
groups .
Social facilities are generally open to all races, although
private businesses can, and in some cases do, restrict
admittance based on race. Unlike South Africa, residential
areas are not legally segregated. Economic factors do.
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NAMIBIA
however, separate the races, and there are de facto black and
"colored" townships in the territory. Some hospitals, such as
the state hospital in Windhoek, admit all patients but have
separate wings for different races.
Although the majority of the TG is in favor of opening the
schools to all races, schools remained segregated through
1987. Under AG-8, the 1980 decree that first divided Namibia
into 11 ethnic authorities, school administration is considered
part of "own affairs," which are controlled by the ethnic
authorities. The TG does not have the legal authority under
AG-8 to force the ethnic administered schools to desegregate.
The white second-tier authority has agreed to accept
applications by individual schools that want to desegregate,
but so far only one school has applied. In March the white
legislative assembly approved a bill to eliminate race or
color in themselves as factors in school admissions, but
replaced them with factors such as culture, language, and
religion, thus effectively perpetuating the segregated system.
Further movement on the issue of school desegregation depends
on the broader issue of the continuation of AG-8. As noted
earlier, the Windhoek Supreme Court has been asked to give a
nonbinding advisory opinion as to whether AG-8 violates the
TG ' s Bill of Fundamental Rights, which calls for an end to
discrimination on the basis of race or ethnicity.
The South West African National Party and the Rehoboth
Basters, two TG parties, continued their opposition to open
schools and a loosening of the various ethnic groups' control
over "own affairs." Moreover, the South African Government
has consistently expressed support for group rights and "own
affairs" in Namibia as well as in South Africa.
Women continued to be discriminated against in both the
traditional and modern sectors. Under traditional practice, a
woman is usually the ward of her father or, when married, her
husband. She is not independent. There is still some de
facto discrimination in employment in the modern sector.
There are female members of the National Assembly, but there
are no female cabinet members. Some community groups and
government bodies are targeting women in their development
programs .
CONDITIONS OF LABOR
There is no minimum wage in Namibia. The minimum working age
is 15. The current occupational health standards are not
enforced and were part of union demands for revision in 1987.
A labor commission appointed by the Administrator General to
review Namibia's outdated labor laws, including safety and
health standards, is expected to make public its
recommendations during the first half of 1988.
215
NIGER
Niger is governed by an authoritarian military regime with
power concentrated in the hands of its President, Colonel Ali
Saibou who succeeded the late General Seyni Kountche in
November. Saibou also heads the nation's highest body, the
Supreme Military Council. Kountche, who died of natural
causes, took power in 1974 in a military coup, toppling the
civilian regime of Hamani Diori . At that time the Constitution
was suspended, and the country has since been ruled by decree.
President Saibou was Chief of Staff of the Armed Forces from
1976 until assuming the Presidency.
The Nigerien Armed Forces, numbering about 2,600 members plus
800 gendarmes (paramilitary police), help ensure internal
security. Other security organizations are: the Direction de
la Securite de L'Etat (DSE), which reports directly to the
President; the Surete National (or National Police) which is
responsible for maintaining public order and countering
antigovernment activity; and a presidential protection unit.
Niger, one of the world's poorest countries, occupies a large
area in the arid Sahel region of West Africa. The economy is
based on subsistence farming, livestock, and some of the
world's largest uranium deposits. However, severe drought, a
3.1 percent population growth rate, and declining world demand
for uranium since the early 1980's, have seriously weakened
the economy.
Human rights are circumscribed. The freedoms of assembly,
speech, and political activity are restricted. Public dissent
is almost nonexistent, and private dissent rare for fear of
retribution. In 1987, however, a popular referendum approved
the National Charter. Individual liberties of opinion and
thought, expression, conscience, movement, residence, and
communication are provided for in principle in the Charter, as
are the "collective liberties" of assembly and political
meetings. The Charter is to serve as the basis for Niger's
future constitution, which supposedly will guide the country's
eventual return to civilian rule. The late President Kountche
stressed, nonetheless, in April that the military will
continue to play a major role in the political life of the
nation.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
No disappearances were reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Systematic torture of detainees and prisoners is not believed
to take place. While not officially sanctioned by the
Government, cruel treatment, usually in the form of beatings,
has been meted out by officials charged with the custody of
prisoners. Foreigners resident in Niger are frequently
harassed by the police and occasionally suffer physical abuse
80-779 0 -
216
NIGER
while in detention. It is believed that political prisoners
or detainees are rarely allowed visits from family members,
but some with severe medical problems have been allowed
treatment by specialists from Europe. In its 1987 Report,
Amnesty International (AI) expressed concern that detainees
continued to be held in harsh conditions, including in a
remote prison in eastern Niger.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
With the Constitution suspended since 1974, there are no
specific statutory protections against arbitrary arrest or
imprisonment. Warrants are not required for an arrest, and
there is no right to judicial review of the legality of
arrests or detentions. For criminal offenses, the law holds
that detainees must be charged within 48 hours, but delays
sometimes occur as the result of lack of trained legal
officials. In cases concerning political or security-related
matters, detainees can be held indefinitely without charge.
When the Government believes the national security to be at
risk, large numbers of citizens may be rounded up arbitrarily
for questioning, as with the roundup of Tuaregs in Niamey
after the attack on a police station in Tchin-Tabaraden in
1985. There are no known instances of dissidents or political
opponents being exiled by the Government, although some
dissidents have gone into exile voluntarily.
Forced labor is not practiced in Niger, but during the 1985
drought emergency, displaced herders, primarily ethnic Tuaregs
and Fulanis, were in some instances forcibly moved onto
government-sponsored, vegetable-growing projects.
e. Denial of Fair Public Trial
Niger's legal system is an amalgam of French, Islamic, and
traditional law. Civil and criminal cases not involving
security-related acts are tried publicly. Legal counsel is
provided by the State for indigent defendants accused of
felonies or other major offenses if they are under 18 years of
age, handicapped, or faced with the possibility of a sentence
of more than 10 years. While there are reliable accounts that
courts in some specific cases have been subject to political
influence or pressure in ordinary civil or criminal cases, the
judicial system is believed to be generally independent and
fair. Defendants may appeal verdicts first to an appellate
court and, if desired, to the nation's highest tribunal, the
State Court, composed of civilian magistrates, which serves as
a final court of appeals. The President has the right of
pardon in penal cases and has invoked this right on several
occasions in recent years. At the village level, matters such
as property disputes are frequently resolved by traditional
means without reference to the formal legal system.
The exact number of political prisoners in Niger is unknown,
although it is believed to be small. In November 1987,
President Saibou ordered the release or commutation of the
sentences of over 100 political prisoners, including 15
persons being held in connection with a 1976 coup attempt, and
16 of the 19 held in connection with the October 1983 coup
attempt. He also commuted to life imprisonment the death
sentences of 7 of the 11 Tuareg prisoners convicted for their
roles in the 1985 Tchin-Tabaraden attack and released from
house arrest 52 persons, including former President Hamani
Diori.
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NIGER
Political and security-related cases are tried in the State
Security Court, which operates outside the normal legal
framework. This body, established by presidential decree,
meets in secret, and while little is known about its
proceedings, it is believed that its members are military
officers. According to AI , the Tuaregs condemned to death in
1985 were tried before this court.
In June 1985, President Kountche announced the formation of a
special court to investigate civil service corruption. Stiff
penalties were established for these crimes, including the
death penalty for convictions of embezzlement of amounts over
$500,000. At the corruption trials held in 1986, however,
life imprisonment was the most severe penalty assessed.
Trials were also held in 1987 but were not widely publicized.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The police have the right to enter homes between 5 a.m. and 9
p.m. and will enter at other times if deemed necessary. Court
warrants are not required in such instances. Violations of
privacy such as interference with correspondence, telephone
tapping, and use of informer networks are known to take place.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are restricted. Institutions which might voice
dissent, such as an independent press or a freely elected
legislature, do not exist. The media are controlled by the
Government. While some criticism of government policy or
bureaucratic inefficiency is allowed, especially in the weekly
publication, Sunday Sahel, such criticism is expressed at the
behest of, or at least with the knowledge and permission of,
the Government. Debates on aspects of the economy or cultural
policy sometimes take place in the media, but the boundaries
of permissible discussion are well understood in advance by
all participants.
The primary functions of the media are to disseminate
government policies and viewpoints and to rally popular
support for government programs and leading figures such as
the President. Nigerien journalists are acutely av;are of
their status as government employees and of the guidelines
within which they must operate. Journalists who have strayed
from these guidelines have been demoted, fired, or otherwise
disciplined in the past, although no such incidents occurred
in 1987. While there are no legal constraints on academic
freedom, in practice university students and professors are
reluctant to speak openly about potentially controversial
domestic issues for fear of government reprisal. There have
been no reports of censored or banned magazines or other
publications, but the Government is under no legal constraints
should it discover material that it deems offensive. Foreign
films are subject to censorship by the Ministry of Interior on
grounds of public morality and political content.
b. Freedom of Peaceful Assembly and Association
Except for political parties, most forms of voluntary
association, such as trade unions, churches, and other
religious groups, function with the understanding that they
must act in accordance with government policy. Government
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NIGER
permission is required for public gatherings, although, in
practice, public meetings of such organizations are usually-
allowed.
Roughly 90 percent of Niger's work force is employed in some
aspect of agriculture or herding. In the small modern economy,
the trade union movement is weak, and controlled and partially
financed by the Government. All unions are organized under a
government-controlled umbrella group, the National Union of
Nigerien Workers (USTN) . The head of the USTN is elected by
its members. The USTN represents about 30 percent of the
approximately 60,000 salaried workers in Niger. Collective
bargaining is legally authorized and is conducted by
representatives from individual unions, employers, and the
Government. There is a general collective bargaining
agreement in force between the USTN, employers, and the
Government which covers wages and benefits. However,
individual unions are permitted to bargain for more favorable
agreements at their work sites. The USTN is poorly financed
partly because of government refusal to allow fund-raising
methods such as a dues checkoff system. Strikes in Niger are
rare, although legal if conciliation and mediation procedures
have been exhausted. The USTN maintains relations with
recognized international bodies, e.g., the International Labor
Organization and the Accra-based Organization of African Trade
Union Unity.
c. Freedom of Religion
Niger is over 90 percent Muslim, but the Government allows the
practice of other religious beliefs. Foreign missionaries are
permitted to live, work, and travel in Niger. There have been
no reports of religious discrimination. Out of respect for
religious minorities and on political grounds. President
Kountche vigorously resisted any suggestions for making Niger
an Islamic Republic. The new National Charter adopted in June
formally proclaims Niger a secular state. Religious groups
are allowed to maintain links with coreligionists in other
countries .
The Government, concerned by the Islamic fundamentalist
violence which erupts periodically in northern Nigeria,
monitors Muslim religious activity through the Islamic
Association. This Association is funded by the Government and
assists in an intormal government screening process of local
religious leaders. Islamic services that have gone beyond
strictly religious subjects have been shut down.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel within Niger is closely monitored, although no special
travel documents are required for domestic travel. Police
checks, often entailing thorough searches, take place upon
entering or leaving any major town or city. These checks
reflect a governmental preoccupation with security and
smuggling, a concern over possible movements into the country
of foreign-based dissidents or criminal elements, and a policy
designed to discourage migration to urban areas. Nigeriens
wishing to travel abroad must obtain exit visas, which are
usually granted routinely. Married women must have the
permission of their husbands to travel abroad. The
repatriation of Nigerien nationals is unrestricted. Niger is
a party to the U.N. Convention and Protocol Relating to the
Status of Refugees and has been cooperative with respect to
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NIGER
the 14 refugees currently in Niger under the auspices of the
U.N. High Commissioner for Refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The capacity of the people to influence the Government is
extremely limited. Virtually all power is held by the
President, who derives his authority from the military. He
rules through the Supreme Military Council which is made up of
officers who helped stage the 1974 coup that toppled the last
civilian regime. The President rules by decree, makes all
government appointments, and controls the pace of political
change and economic development. The transition to the new
President had proceeded smoothly at the end of 1987 with
little obvious change in procedures or style of governance.
Government day-to-day operations are conducted largely by
civilian technocrats who implement decisions promulgated by
the Supreme Military Council and the President himself. While
all but five ministerial positions have passed from military
to civilian hands in recent years, all of Niger's seven
departments have military governors, who have autocratic
power within their departments. Moreover, there is a marked
military presence in the upper echelons of the National
Development Council.
In lieu of a party system, the Government since 1979 has been
organizing the National Development Council and subordinate
councils at the village, regional, and departmental levels,
which in theory will lead to greater popular participation in
economic decisionmaking. These councils consist of elected
and appointed members, although only at the village level are
members elected directly by the people. The national-level
Council consists of Nigeriens from all walks of life, who also
serve on special committees to consider various aspects of
economic development, cultural policy, and social issues.
One such committee was responsible for drafting the National
Charter which will serve as the framework for the future
constitution.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In recent years, inguiries from international human rights
organizations, such as AI's 1986 letter requesting, among
other things, information about seven detainees, have
apparently been ignored by the Government. (In its 1987
Report, AI noted, however, that one of the detainees mentioned
in its letter had been released.) There are no domestic
groups which monitor the human rights situation in Niger.
Niger is not active in regional and international human rights
organizations .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Four major ethnic groups, each with its own language, make up
the bulk of the population. The two primarily nomadic groups,
Tuaregs and Fulani (Peul), have less access to government
services, partly because their transient lifestyles make it
difficult for the Government to supply them with services and
partly because of historical animosities between the nomads
and the sedentary Djerma and Hausa ethnic groups which
dominate the Government.
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NIGER
The essentially traditional nature of Nigerien society helps
ensure that family and ethnic group ties remain strong and
supportive, but traditional practices and attitudes on
ethnicity, women, and education have some negative effects.
Males have considerable advantages in terms of education,
employment, and property rights. While women have the right
to vote, Niger is notable for its dearth of women in
senior-level government positions. In case of divorce,
custody of all children over 7 years of age is given to the
husband. Conscious of this situation, the Government has made
progress in improving the status of women by launching work on
a new family code, by providing better employment opportunities
to women, by giving them a significant role in the National
Development Council, and by supporting the National Women's
Association. In 1987 the Government continued to encourage
Nigeriens to practice family planning.
CONDITIONS OF LABOR
Under the Niger labor code, workers receive benefits for
on-the-job injury, leave for family emergencies, and health
benefits. Annual holidays and leave benefits are clearly
defined. Children between the ages of 12 and 18 may be
employed, but there are strict provisions concerning the hours
and types of employment for children in this age group. The
minimum wage (about $74 a month) applies to all sectors. In
practice, all labor provisions, especially those concerning
child labor, apply to urban areas and generally are enforced
mainly in the modern, wage sector. In the agricultural
sector, which employs most Nigeriens, children work on family
plots under conditions which are not in compliance with the
provisions of the labor code, and there is no attempt at
enforcement .
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President Ibrahim Babangida came to power in a military coup
in August 1985, overthrowing a previous military government
which had seized power from civilians in December 1983. A
30-member Armed Forces Ruling Council (AFRC) is the country's
main decisionmaking organ, while a mixed military/civilian
cabinet presides over the Federal Government's executive
departments. Military governors head each of the 21 states.
The 1979 Constitution remains partially in effect, but
significant provisions, namely, those guaranteeing free
elections, political parties, and the right to due process and
habeas corpus, are suspended. Due process and habeas corpus,
however, continue to be respected in most cases. Federal and
state legislation are promulgated by decrees, which are exempt
from challenge in the courts. The Government elaborated plans
in 1987 to return the country to civilian rule featuring a
two-party system, although in July it postponed the final date
from 1990 to 1992. As first steps, the Government in 1987
created a National Electoral Commission and a Constitutional
Review Committee, both composed of civilians, and conducted
nationwide elections in December for local governing councils.
The Government enforces its authority through the Federal
security apparatus--the military, the State Security Service
(SSS) , and the national police--and through the courts. No
separate law enforcement agencies exist at the state and local
levels. The Government generally exercises effective control
over the security apparatus, but deficiencies in organization
and management sometimes lead to human rights violations.
Nigeria, with an estimated 108 million people, is Africa's
most populous country. It has a mixed economy in which the
Government plays a major but declining role. In June 1986,
President Babangida announced an economic structural adjustment
program calling for increased reliance on market forces and
the private sector.
The Babangida Government continued to articulate a policy of
general respect for fundamental human rights. Important
exceptions related to the Government's efforts to restrain
political debate and participation prior to a return to
civilian rule and significant deficiencies in the judicial and
state security systems. Freedom of the press was undercut by
several notable cases in which government authorities moved
against publishers and journalists for printing articles
either at odds with government decisions or considered
inimical to national security. In the wake of serious
religious rioting between Christians and Muslims in March,
which left 19 dead, the Government instituted various bans on
religious advertising and campus-based religious organizing as
well as limitations on proselytizing. The Government
continued its practice of reviewing the cases of Nigerians
detained or convicted under decrees of the previous military
administration. The impact of these efforts was reduced by
the slow pace of judicial procedures, especially in the case
of the corruption and civil disturbances tribunals.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There was no evidence of politically motivated killing at
government or private instigation in 1987. The October 1986
letter-bomb killing of the editor-in-chief of an influential
weekly newsmagazine. Dele Giwa, remains unsolved, despite an
ongoing government investigation. The incident continues to
generate keen public interest and unsubstantiated allegations
of government involvement.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
A portion of the 1979 Constitution that is still in effect
outlaws torture and mistreatment of prisoners. Nigerian law
provides that such excesses be dealt with in criminal or civil
proceedings. There were no reports or allegations of torture
in 1987. Public allegations of police brutality surfaced
periodically, primarily in connection with periods of
heightened religious or community tensions. Prominent
northerners alleged, following March rioting in northern
Kaduna state, that the police and military committed excesses
in their efforts to stem the violence and apprehend
perpetrators. Similar charges were made about the treatment
of detainees, some of them children. There has been no public
investigation of these allegations. Suspected criminals
allegedly killed by police in separate instances in different
states led to antipolice mob violence. In one of the
incidents, the state governor ordered a judicial probe, and in
both cases police suspected of the actions were arrested.
Prison conditions remain poor because of the lack of basic
necessities. In May, inmates at one prison rioted over food
supplies, resulting in the deaths of 24 prisoners. A special
tribunal appointed by the Government to look into the incident
began hearings in September.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Babangida Government has retained the authority to detain
without charge persons suspected of acts prejudicial to state
security or harmful to the economic well-being of the country
under Decree 2 of 1984, the State Security (Detention of
Persons) Decree. This Decree suspends sections of the 1979
Constitution guaranteeing citizens the right to fair trial,
due process, and judicial determination of the legality of
detention (habeas corpus). While it imposes no time limit and
disallows challenges of the detention in a court of law, the
Decree does provide for administrative review of detention
cases every 3 months. Several persons, including former
politicians returning from self-exile, were detained under
this Decree during 1987. One American citizen was detained
for 103 days without charge before his release on his own
recognizance on November 23.
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Some Nigerians have been detained in 1987 without being held
under the provisions of Decree 2 of 1984. Cumbersome
administrative procedures and bureaucratic inefficiency
sometimes result in persons suspected of criminal offenses
being held for extended periods without charge or trial even
though provisions of the 1979 Constitution still in force
guarantee persons charged with crimes a fair public trial in
civilian courts within 3 months from the date of arrest. The
Director of Prisons said in September that about two-thirds of
Nigeria's 54,000 inmates are awaiting trials. During routine
inspections of prisons in 1987, High Court chief judges
exercised their right to release detainees found to have spent
more time in prison than they would have if they had been
convicted for their alleged crimes.
An unknown number of persons are still in detention without
charge or trial following the arrests of about 700 persons in
connection with the March religious disturbances in northern
Nigeria. The Civil Disturbances (Special Tribunal) Decree of
1987, promulgated after the disturbances, provided for
investigation of the rioting and for the arrest and trial by
special tribunal of those suspected of committing specified
offenses. This decree makes northern Nigeria's criminal
procedure code the applicable law for the trials (including
provisions for bail, representation by lawyers, and appeal —
except in cases of armed robbery). However, administrative
confusion has resulted in continued detention without charge
or bail for many. The refusal of some of the accused to
accept government-appointed lawyers has delayed tribunal
proceedings. At the end of 1987, about three-fourths of the
89 cases initially slated for trial by the civil disturbances
special tribunal had been tried. In July a Kaduna state High
Court judge ordered the release of two of those arrested on
grounds that the government counsel was unable to produce
evidence to justify their arrest under the Civil Disturbances
(Special Tribunal) Decree of 1987. In August, 44 of those
slated for trial engaged in a 4-day hunger strike to protest
the pace of the trials, prison conditions, and being forced to
share cells with convicted criminals. The Federal Government
responded by transferring the convicts to other jails.
In 1987 the Government continued a process, begun in 1986, of
reviewing the cases of persons detained or convicted under
various decrees during the previous military administration
(1984-85), many of whom had already been released. In June a
detainees 's review panel ordered the release of 22 persons
following a review of all outstanding detentions. Some were
granted bail, others were either recommended for trial or had
cases pending in court. The panel is headed by the Attorney
General, who said the panel will continue to meet periodically.
In 1987 two state governments released over 650 suspected
members of the Maitatsine religious sect. They had been
detained without charge since uprisings in 1984 and 1985 in
Gongola and Bauchi states. The state governments had been
unable to prosecute them due to the unwillingness of witnesses
to testify against them in court. According to the Gongola
state Attorney General, the 50 most dangerous prisoners will
remain in detention indefinitely. About 100 of the detainees
reportedly died of hunger, disease, and malnutrition while in
prison custody.
Still in detention without charge since August 1985 are former
military Head of State (1984-85) Muhammadu Buhari and his
Chief of Staff Tunde Idiagbon. No Nigerian has been exiled.
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Self-exiled politicians are free to return home with the
caveat that those suspected of crimes are subject to
prosecution. Former Senate President Joe Wayas has been
detained without charge since returning to Nigeria in June
1987. A former Speaker of the House of Representatives who
returned in December 1986 is also in detention. A former
Minister of Commerce and Internal Affairs, detained without
charge since his return to Nigeria in 1986, was released in
May 1987.
The Government does not use forced labor as a means of
political coercion or as a sanction against free expression.
Nigeria's 1979 Constitution provides that "no person shall be
required to perform forced or compulsory labor." The latter
excludes community service programs such as the National Youth
Service Corps and environmental clean-up campaigns.
e. Denial of Fair Public Trial
The 1984 decree modifying the 1979 Constitution left the
judiciary relatively unscathed, but it shifted judicial
activity for certain specified offenses to special military
tribunals that were established outside the regular judicial
system, notably for corruption cases( see below). The regular
judiciary is composed of both Federal and state courts and
includes procedures for appeals from courts of first instance
to parallel appeal courts at state levels, then to the Federal
Court of Appeal and finally to the Federal Supreme Court.
Courts of first instance under the 1979 Constitution include
magistrate or district courts, customary or area courts,
religious or Shari'a courts, and for some specified cases, the
state high courts. In some instances the nature of the case
determines which court enjoys jurisdiction. In others, when
jurisdiction is overlapping as in the case of customary and
Shari'a courts, the plaintiff can designate the court.
Shari'a, or Islamic courts, are limited by the Constitution to
the 11 northern states of Nigeria.
Trials in the regular court system are public and adhere to
certain constitutionally guaranteed individual rights. These
include a presumption of innocence, the right to be present at
a public trial, to confront witnesses and present evidence,
and to be represented by legal counsel if so desired. In
capital cases, the Government provides counsel for indigent
defendants. In other cases, indigents must rely for counsel
on the Nigerian Legal Aid Society, which has limited resources,
Assistance is extended under the Legal Aid Act of 1976 to
persons with incomes of up to $400 per year. There is a
functioning bail system. In his Independence Day speech,
President Babangida announced that the Government would ensure
strict compliance with laws denying bail to those charged with
murder and armed robbery.
Through decrees promulgated by the previous military
government, but still in effect, the AFRC transferred
jurisdiction over cases involving corruption, currency
violations, armed robbery, and a variety of miscellaneous
offenses, such as drug trafficking and illegal oil bunkering,
from the civilian judicial system to special military
tribunals. In these cases, those charged have access to legal
assistance, bail (except in the case of armed robbery), and
the right to appeal (except in the case of armed robbery and
conviction under the Civil Disturbances Decree). Civilian
judges head all special tribunals even though military members
may be included. Currently six special tribunals including a
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NIGERIA
Special Appeal Tribunal are in operation. Convictions for
armed robbery by the Special Robbery and Firearms Tribunals
carry the death sentence and no right of appeal, although the
sentence must be confirmed in some states by state military
governors or the Minister of the Federal Capital Territory
before it is carried out. The Special Appeal Tribunal began
its first hearing in September, but no appeals were concluded
before the end of the year. Recommendations of the Appeal
Tribunal are subject to AFRC confirmation.
Amnesty International's 1987 Report (covering 1986) gave
prominent attention to the activities of the Special Robbery
and Firearms Tribunals, noting the large number of persons
sentenced to death and executed in 1986 and the need for an
appeal mechanism to a higher court. The judicial review
panels of 1986 recommended corruption trials for nearly 800
former public officials. However, the two corruption
tribunals created in September 1986 to try these suspects have
so far heard fewer than a dozen of the pending cases.
In September, five defense attorneys withdrew under protest
from the civil disturbances tribunal proceedings on the March
religious riots. The lawyers, who were jointly defending 67
people, claimed they were being denied regular access to their
clients and accused the judges of partiality. The Trial
Lawyers Association of Nigeria has offered free legal service
to the accused persons who have rejected government-appointed
counsel. The accused have no right of appeal, and the AFRC
must confirm all sentences.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Nigerian society is generally free of arbitrary interference
by the State in the private lives of its citizens. Provisions
of the 1979 Constitution still in force guarantee rights of
privacy in the home, correspondence, and oral electronic
communications. General surveillance of the population by the
State is not practiced. In April police reportedly searched
the homes of some members of the government-appointed Political
Bureau, during investigations into the unauthorized leak to the
press of the Bureau's report. No Bureau members were arrested
or detained. Forced entry into homes without a warrant rarely
occurs .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The modified 1979 Constitution provides for freedom of
expression and the press. Political, social, and economic
issues are openly discussed. However, officials frequently
caution journalists both publicly and privately on their
responsibility and the extent of press freedom. In addition,
in 1987 the Government took actions against a number of
publishers and journalists to limit news reporting that is
critical of government policies. Academic freedom is
generally respected.
The 1979 Constitution reserves to the Federal and state
governments the exclusive right to own and operate radio and
television stations. There are no restrictions on ownership
of print media, and Nigeria has a lively press. Among the
vast array of Nigerian daily newspapers are seven privately
owned national dailies with large circulations, one daily
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owned by the Federal Government, and another in which the
Federal Government owns a majority share. Some states operate
their own daily newspapers. In some states privately owned
dailies compete with state papers. Four weekly newsmagazines
vie for national readership.
On several occasions in 1987 Federal and state authorities
interrogated, jailed, or fired editors and reporters of
government-owned papers on grounds that they had published
articles inconsistent with official policy or otherwise
embarrassing to the Government. Triggering these actions were
items such as a two-page paid advertisement charging government
security forces with bias in handling the March religious
riots, an erroneously reported trip abroad by the President's
wife, and an editorial critical of the Federal Government's
removal of two leading directors of government-controlled
banks who objected to central bank policies.
In April President Babangida pledged not to revive Decree 4, a
curb on the press imposed by the previous military Government.
However, later in the year the President prohibited any
attempts by the media to give publicity to those banned from
elective office and to those advocating creation of new states
in Nigeria.
The 1979 Constitution includes a provision aimed at preventing
disclosure of confidential information harmful to national
security. Citing national security among its reasons, the
Government closed for 5 months a leading weekly newsmagazine,
Newswatch, and briefly detained three of its editors for
publishing excerpts of the then-classified Political Bureau
report on Nigeria's political future. The editors publicly
apologized and stated they had not intended to embarrass the
Government. They were not prosecuted.
During 1987 the Government made several other moves aimed at
curbing what it considers media irresponsibility with national
security implications. It impounded an issue of a privately
owned newsweekly for criticizing the firing of the bank
officials, continued to require official authorization prior
to press interviews of civil servants, limited the quantity of
religious broadcasting on television and radio (all government
owned) following religious rioting, and prohibited publication
of advertisements paid for by religious organizations. A
military tribunal hearing a corruption case against a former
politician acquitted the publisher, editor, and reporter of a
leftwing magazine of contempt for publishing an article
tribunal authorities had considered prejudicial to the
tribunal. In October Federal security authorities temporarily
prevented publication of a book about the life of a prominent
newsmagazine editor killed by a letter-bomb in 1986.
b. Freedom of Peaceful Assembly and Association
Although Nigeria's 1979 Constitution assures all citizens the
right to assemble freely and to associate with other persons
in political parties, trade unions, or other special interest
associations, in practice, there are important exceptions.
The provision regarding the right to form and join political
parties was suspended by Decree 9 of 1984. This Decree also
authorizes the Government to dissolve or ban any other group
considered to have objectives similar to those of a political
party. Police monitor gatherings suspected of violating the
ban. Government officials frequently reminded Nigerians
during 1987 of the continuing ban on political activity but
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did not dissolve any other organizations despite widespread
allegations that an organization formed by a group of northern
elders had objectives similar to those of a political party.
The Government announced in June that political activity and
the formation of political parties, limited to two, will
resume in 1989.
Nigerians form and participate in a myriad of special interest
organizations, including a wide range of religious groups,
trade groups, women's organizations, and professional
associations. Organizations are not required to register with
the Government. However, following the March religious
disturbances, the Government introduced a requirement that
religious groups be sanctioned by either the Christian
Association of Nigeria, in the case of Christian groups, or
the Supreme Council for Islamic Affairs, in the case of Muslim
groups. Permits are not normally required for public meetings
unless the venue is outdoors in a government facility and
police security would be appropriate. In most states open-air
religious services, outside a church or a mosque, are
prohibited.
The National Association of Nigerian Students (NANS) has been
banned since nationwide student demonstrations in May 1986.
However, in December 1986 the Government authorized individual
campuses to reinstitute student organizations. In May 1987,
police were deployed to forestall a news conference scheduled
by NANS to commemorate the previous year's demonstrations.
Earlier the Inspector-General of Police had broadcast a
reminder to students that the ban on NANS demonstrations and
meetings was still in force. The police also published new
guidelines for handling campus disturbances to avoid
fatalities such as occurred in 1986.
All Nigerian workers 16 years or older may join trade unions,
with the exception of members of the armed forces and
designated employees of essential government services at the
Federal, state, and local levels. Employers are obliged to
recognize trade unions and must pay a dues checkoff for
employees who are members of a registered trade union. The
establishment of closed shops is prohibited. About 10 percent
of the 3 million nonfarm work force claims union membership,
and the unions constitute a strong bargaining force for worker
rights. With the ban on political parties still in force,
unions have been cautious not to assume the role of a
political party, but labor leaders have spoken out both in
support and criticism of government labor policies. However,
in response to a labor-led campaign against the Government's
stated intention to eliminate or reduce petroleum subsidies,
about 30 officials of the Nigeria Labour Congress, including
its President, were detained without charges for 8 days in
mid-December. Although the Government threatened to charge
them with subversion, all were released unconditionally.
Despite provisions in the 1979 Constitution and Nigeria's
ratification of 28 International Labor Organization (ILO)
conventions, government decrees and policy continue to
restrict certain labor freedoms. A 1978 decree created a
single central labor body, the Nigeria Labour Congress (NLC),
forcibly merged a number of unions into 42 industrial unions,
and deregistered all other unions. The Government has not
responded to a 1982 ILO committee of experts finding that this
decree violates ILO Convention 87 on Freedom of Association
and Protection of the Right to Organize. The 1978 decree also
created senior staff associations to represent white-collar
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workers, which a 1986 decree explicitly excluded from NLC
membership, forcing two such associations to withdraw. Since
1975 government policy has permitted international labor
affiliation only with the ILO and the Organization of African
Trade Union Unity and its affiliated pan-African labor
federations. Government policy does permit, however, informal
"fraternal relations" with foreign unions and secretariats.
The labor laws of Nigeria permit collective bargaining between
management and trade unions. However, a series of restrictive
measures imposed by the Government have significantly reduced
the range of issues left for bargaining. In February 1987,
the National Economic Emergency Decree of 1985, which granted
the Federal Government broad authority over labor matters, was
extended for 2 more years. The Government transferred to
state governments the power to deduct special levies
involuntarily from the salaries of workers for financing state
development projects. The nationwide wage freeze, an
anti-inflation measure, was imposed in 1984 and lifted in
1987. Also, in 1987 the Government reestablished the
requirement, in the Minimum Wage Act, that the minimum wage
must be paid to employees in companies with 50 or more
employees. (It had amended the Act in 1986 to require the
minimum wage scale only in companies with more than 500
employees . )
Work stoppages and strikes are allowed by law (except in
essential services), but few occurred during 1987. In June
seven public service unions representing civil service
employees of Bendel state went on strike because the state
government was not meeting its financial obligations to its
employees and retirees. The NLC supported the striking civil
servants, and the Federal Government moved quickly to achieve
a settlement. In October some 40 petroleum workers seized
control of an offshore oil rig and locked their expatriate
supervisors in their quarters for 2 days because their
employer, a Nigerian company, had refused to turn over union
dues to union representatives. The dispute was defused
without government intervention when management agreed to
accept the demands of the workers. The 1976 Trade Disputes
Decree provides for mediation of such disputes by an
industrial arbitration panel and a national industrial court,
and forbids strikes and lockouts while disputes are under
mediation.
c. Freedom of Religion
Nigeria's 1979 Constitution prohibits the Federal and state
governments from adopting any religion as a state religion.
This is adhered to in practice. Constitutional provisions
guaranteeing freedom of religious belief, religious practice,
and religious education are generally respected. Allegations
persist of harassment of Christians by officials in
predominantly Muslim areas of northern Nigeria in the form of
bureaucratic obstacles to church construction that delay
projects, sometimes indefinitely. There are no restrictions
on numbers of clergy trained nor on contacts with
coreligionists in other countries. Religious travel,
including the hajj, is permitted and in some cases officially
supported. Missionaries and foreign clergy, though limited by
quotas, are permitted to work in Nigeria. Some states require
licenses for religious services outside churches and mosques.
Tensions between the Muslim and Christian communities of
Nigeria escalated in March 1987 to several days of violent
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rioting in the northern state of Kaduna . The Government
announced a death toll of 19, along with the destruction of
162 churches, 5 mosques, and 152 private homes. The Government
created a special civil disturbances tribunal to try persons
arrested by a joint police-military investigative panel. The
Government also announced a ban, still in effect, on all
religious organizations on postprimary campuses, while
reaffirming the right of individual students to practice their
religion in recognized places of worship. Several state
governments temporarily banned religious preaching and playing
of religious cassettes outside places of worship without the
written permission of police. Publication of advertisements
paid for by religious organizations remains banned, and
religious programming on radio and television remains limited
in some areas. The Minister of Internal Affairs announced
that no new religious organizations could be formed without
approval from one of two designated religious bodies, one
Muslim and one Christian. In July the Government launched an
advisory council on religious affairs, comprised of equal
numbers of Christian and Muslim leaders.
The 1982 ban on the Maitatsine religious sect remains in
effect. The group still exists but is closely monitored by
the police.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Nigeria's Constitution entitles citizens to move freely
throughout Nigeria and to reside where they wish. The same
provision prohibits expulsion from Nigeria or the denial of
entry to or exit from Nigeria to any citizen. In general,
these provisions have been observed. Nigerians travel abroad
in large numbers, and many thousands are studying abroad.
Exit visas are not required. Citizens who leave Nigeria have
the right to return. Citizenship cannot be revoked for any
reason, including political reasons, from persons who are
citizens by birth or registration. Fifty-seven naturalized
Nigerians, however, had their citizenship revoked in 1987 for
alleged irregularities in the naturalization process. No
known penalties have been levied on Nigerians who have
emigrated, settled abroad, or acquired another nationality.
However, Nigeria does not recognize dual nationality, and
naturalization in another country does not release Nigerians
from Nigerian laws.
Nigerians are free to change their place of work within
Nigeria, but local laws sometimes disadvantage citizens not
indigenous to the area. For example, access to limited places
in elementary and secondary schools is more difficult for
children of such citizens who must also pay higher school fees
than the children of citizens of the area. There has been no
forced resettlement of Nigerian citizens.
Nigerian law and practice permit temporary refuge and asylum
in Nigeria for political refugees from other countries.
Nigeria supports and cooperates with the Lagos office of the
United Nations High Commissioner for Refugees (UNHCR) .
Repatriation of refugees is normally conducted in accordance
with UNHCR standards. In 1987 several hundred Chadian
refugees were repatriated at their request as were an
undetermined number of persons allegedly refugees from Libya.
No refugees were expelled in 1987.
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Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The 30-member Armed Forces Ruling Council headed by President
Babangida is the highest political authority in Nigeria.
There is no elected legislative body, and political parties
are prohibited. In 1987 citizens did not have the right to
change their national or state governments through the
electoral process. However, democratic elections for local
government officials were held in December.
In July President Babangida announced 1992 as the date for
returning Nigeria to civilian rule. The Government based its
program for transition to civilian rule on the recommendations
of the civilian Political Bureau which conducted a nationwide,
year-long public debate on Nigeria's political future during
1986 and presented its findings to the AFRC in April 1987.
While many of the Bureau's recommendations were accepted, the
Government rejected or amended many other significant
provisions, especially on socioeconomic policy. An appointed
civilian Constitutional Review Commission is expected to
propose to the 1988 constituent assembly a draft constitution
closely resembling Nigeria's 1979 Constitution. The Government
has recommended incorporation of one major change which calls
for a two-party rather than a multiparty system. Six political
parties participated in the last elections in 1983.
As a first step in the transition process, free elections for
local government councils were held on a nonpartisan basis in
December, although malpractices and administrative problems
resulted in cancellation of elections in about 5 percent of
the nation's constituencies. Byelections are planned for
early 1988. All citizens 18 years and older were eligible to
vote. Dates have been set for additional elections in the
run-up to 1992, but many former politicians are banned from
contesting. A civilian National Electoral Commission was
appointed in August to administer the elections. Also, a
civilian Constitutional Review Committee (CRC) was appointed
to review the 1979 Constitution. The CRC solicited input from
the general public, as had the civilian Political Bureau, as
the basis for its recommendations to a constitutional
constituent assembly scheduled for 1988.
Thousands of former Nigerian Government officials, both
civilian and military, are prohibited from participating in
the transition process, although they remain eligible to
vote. In September 1987, the Government significantly
extended a ban announced in 1986 on partisan political
activity for a large number of former politicians from the
last civilian regime (1979-83) to include many political
figures from the first civilian republic (1960-66) and past
and present high-ranking military leaders. These persons,
including President Babangida himself, will be barred from
contesting any election until after the transition is
completed in 1992. Also, former politicians will be forbidden
to join any political party until that time. Furthermore, any
person convicted or removed from office for various misdeeds
at any time since 1960 will be banned for life from contesting
elections or holding any political party office.
Along with the announcement in July of the political
transition program, the Government promulgated Decree 19 of
1987, the Transition to Civil Rule (Political Programme)
Decree. This Decree makes persons who might in any way
forestall or prejudice the transition program liable to a
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NIGERIA
prison term of up to 5 years. This applies to persons who:
seek to undermine the realization of the transition program;
take part in forming a political body prior to the lifting of
Decree 9 (1984); or encourage others to join them in
misrepresenting or distorting the provisions of the transition
program. The special tribunal authorized to try offenses
under the Decree was formed in October. Its decisions may be
appealed to the Special Appeal Tribunal.
The composition of the AFRC and Cabinet reflects greater
ethnic and religious diversity than any government in the
recent past. There are currently no women on the AFRC or in
the Federal Cabinet, although some women serve as permanent
secretaries in cabinet departments and as commissioners in
state governments.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no investigations of alleged human rights
violations in Nigeria during 1987 by any international or
nongovernmental agency. In 1987 the Babangida Government
repeatedly renewed its pledge to uphold basic human rights and
tolerated criticism from local human rights advocates. It did
not interfere with local human rights organizations. The
Human Rights Committee of the Nigerian Bar Association (NBA)
monitors the domestic human rights situation and
characteristically speaks out against human rights abuses.
The NBA president, following announcement of the ban on former
politicians, publicly questioned the legality of the move. At
least two other groups also monitor human rights practices in
Nigeria: The Council of Human Rights, an independent
organization formed in late 1985, and Citizens for Human
Rights. The former president of the NBA and chairman of its
Human Rights Committee continues to hold the post of Attorney
General and Minister of Justice. Amnesty International
maintains an office in Lagos and has active chapters
throughout the country, both on university campuses and among
civil servants. Its annual human rights report is publicized
in the Nigerian press.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no official policy of systematic discrimination among
Nigeria's 250 ethnic groups, and laws do not overtly favor one
group over another. The Government generally makes a conscious
effort to strike a balance among different groups in its
decisionmaking and in appointments to key governmental
positions. However, Nigeria has a long history of tension
among the diverse ethnic groups, and tradition continues to
impose considerable pressure on individual government
officials to favor their own ethnic or religious group.
Allegations of religious and ethnic favoritism or harassment
persist .
State-of-origin hiring quotas are observed in most public
sector employment. Also, persons whose family is not
indigenous to their state of residence frequently experience
difficulty in job-seeking, school enrollment, and other areas.
Women have always had economic power and have exerted
influence in Nigerian society through women's councils or
through their family connections. As primary school
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enrollments increase, women are gaining greater access to
education. There has been a dramatic increase in the number
of women who have university degrees and who have become
professionals, including teachers, lawyers, doctors, judges,
senior government officials, media figures, and business
executives. Despite a degree of economic independence, women
suffer discrimination in employment and other areas,
experience social prejudice, and have virtually no
representatives in the political arena. The pattern of
discrimination against women varies according to the ethnic
and religious diversity of Nigeria's vast population. In some
states, husbands can prevent their wives from obtaining
employment or passports. In many states, a widow cannot
inherit her husband's property, which in the absence of
children usually reverts to the husband's family. Women do
not receive egual pay for equal work, and male professionals
receive fringe benefits not extended to their female
counterparts. Female circumcision, which has never become a
major public issue, is still practiced in many areas, as is
the selling of young girls for marriage by poor rural families.
CONDITIONS OF LABOR
Nigeria's 1974 Labor Decree prescribes a 40-hour workweek, 2
to 4 weeks of annual leave, and other conditions of
employment. The National Minimum Wage Act of 1981 set the
national minimum wage at 125 Naira, or about $150, per month
in 1981. With the minimum wage remaining constant, the
progressive devaluation of the local currency over the past
several years has resulted in a significant reduction in
workers' purchasing power. The 125 Naira are now equal to
about $27 per month, which is not sufficient to provide a
decent standard of living and requires persons to supplement
income through second jobs, extended-family assistance, etc.
Under the Government wage freeze guidelines which were revised
on December 31, 1987, annual increases are allowed at the 1984
rate, the traditional 13th month holiday gratuity payment to
employees is allowed, and improvements in fringe benefits in
the private sector must be approved by the Government.
The labor law prohibits employment of children under 15 in
commerce and industry, restricts other child labor to
home-based agricultural or domestic work, and allows the
apprenticeship of youths aged 13-15 only under specified
conditions. It contains general health and safety provisions,
some aimed specifically at young and female workers,
enforceable by the Ministry of Employment, Labour, and
Productivity. Employers must compensate injured workers and
dependent survivors of those fatally injured in industrial
accidents. The ineffectiveness of the Ministry in enforcing
these laws in the workplace is regularly criticized by labor
unions .
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Major General Juvenal Habyarimana has headed the Government
since his accession to power in a nonviolent coup in 1973. He
was confirmed as President in a national referendum in 1978.
He is also the founder of the single party, the National
Revolutionary Movement for Development (MRND) . Government
policy is set by the President in consultation with the party's
Central Committee and the Council of Ministers. Laws are
ratified by the National Development Council (the legislature),
which was established in 1982 but does not have any real
independence from the MRND. In December 1983, President
Habyarimana, the sole candidate, was reelected along with a
new slate of deputies. Although the legislative candidates
had to be approved by the party, the race was open to almost
all who chose to run.
The major organizations responsible for administration of
justice include the Ministry of Justice, which controls the
courts, the judicial police, and the prison system; and the
gendarmerie, a paramilitary force which receives specialized
police training. In addition, the Central Intelligence
Service in the Office of the President can make certain
decisions which may not be appealed, such as denial of
passports to Rwandan citizens or the extension of visas and
residence permits to foreigners.
Most Rwandans are poor rural farmers. There is little
industry, and imports are expensive because of high
transportation costs. Food production has managed to keep
pace with the high population growth rate. Rwanda's major
exports are coffee and tea, and the Government has a liberal
approach to trade and investment.
Although the Constitution provides for a number of fundamental
human rights, there are restrictions in practice on the right
to fair public trial, the right of citizens to change their
government, and freedom of speech, association, and religion.
The most significant human rights development in 1987 was the
July prisoner amnesty decreed by the President during the
country's observance of its 25th anniversary of independence.
The amnesty included the release of all women and minors
serving sentences of 20 years or less, and of all other
prisoners sentenced to 10 years or less; the commutation of
death sentences to life imprisonment; and the reduction of
life sentences to 20 years. However, none of the amnesty
measures applied to seven political prisoners convicted by the
Court of State Security of crimes against domestic security.
The amnesty also released the 295 members of certain religious
sects, convicted in 1986 of charges relating to observance of
their religion. The Government indicated that in the future
it intends to resolve such problems with religious groups
through discussion with those concerned.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings or
summary executions.
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b. Disappearance
There were no unexplained disappearances in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of torture in 1987. In the past. Amnesty
International (AI) has noted allegations of torture made in
court by political prisoners, involving forced confessions and
electrical shocks, but AI also noted the Minister of Justice's
efforts to punish security and police officials found to have
mistreated prisoners.
The President launched a prison reform program in 1984 aimed
at improving living conditions, providing vocational training
for prisoners, and establishing work programs under which
prisoners earn money to be credited to them upon release.
While these programs have met with success, prison conditions
remain generally poor, and guard training is inadequate.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Except for suspects caught in the act of committing crimes,
arrests are made with a warrant following investigation.
There were no known exceptions in 1987 to the legally mandated
warrant procedures. In most cases, charges must be stated
formally in the defendant's presence within 5 days of arrest.
Failure to meet this requirement is grounds for dismissal of
the charges.
Under broad preventive detention provisions, persons may be
held for 30 days if public safety is believed to be threatened,
if the accused might flee, or if the penalty carries a minimum
sentence of 6 months. At the end of that period, a judicial
review is mandatory, following which, detention can be
prolonged indefinitely for 30-day periods. These provisions
were rarely invoked during 1987. Detainees may appeal their
incarceration, and the appeal must be heard within 24 hours by
a competent judicial authority. Ministry of Justice personnel
conduct daily official visits to prisons to assure that proper
documentation exists for each detainee. These officials can
release detainees if arrest conditions do not conform to the
law.
AI reports that a former army captain has been detained for 14
months without trial. The Minister of Justice informed AI that
the officer is accused of subversion, but he gave no details
of the allegations. This was the only known detention for
political offenses in 1987.
Sentencing to exile does not exist. Forced labor is prohibited
in law and practice.
e. Denial of Fair Public Trial
The judiciary is statutorily independent and expected to apply
the penal code impartially, but the President appoints and
dismisses magistrates. Laws passed in 1982 strengthened the
independence of the judiciary by improving the process of
selecting judicial personnel and more closely defining their
functions. The administration of justice has been hampered by
poor management and a generally low level of education among
civil servants. The Ministry of Justice is conducting
training programs for officials and judges and plans to
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establish a magistrate training center. In 1987 over 650
magistrates participated in two seminars organized by the
Ministry, and another 30 magistrates took part in a more
intensive 9-month training program.
All defendants are constitutionally entitled to counsel, but
due to a shortage of lawyers many defendants are not
represented at trial. Family and other nonprofessional
counsel is permitted. Trials are public, and those which
arouse extensive public interest are often broadcast to the
street to permit persons who cannot be seated in the courtroom
to follow the proceedings.
Rwanda has three separate court systems for criminal/civil,
military, and state security cases. All but security cases
ultimately may be appealed to the Court of Appeals. Convicted
criminals must file an appeal within 3 months of the date of
judgment. In April 1987, the President criticized the practice
of some judges to delay and back-date the issuance of court
opinions, effectively eliminating the possibility of an appeal.
He ordered the implementation of administrative procedure to
stop such abuses. The State Security Court has jurisdiction
over national security charges such as treason.
The Minister of Justice stated in September 1986 that Rwanda
was holding 10 prisoners convicted of crimes against domestic
security. Three of these were released in 1987 after
completing their sentences, leaving seven political prisoners
at the end of 1987. This figure includes the former chief of
State Security, who along with four codefendants was convicted
of murder and sentenced to death in 1985. The appeals process
in their cases is still in progress, and it is uncertain
whether the death sentences will be carried out. AI in its
1986 Report noted its concern that he and other former
government officials were tried in secret, apparently without
counsel, and that the trials did not meet accepted
international standards.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Rwandans are subject to occasional interference in their
private lives. Police normally are required to have warrants
before entering a private residence but, using the pretext of
checking required documentation, authorities can gain entry
into homes without warrants. There is no evidence that the
Government monitors private correspondence, and the receipt of
foreign publications is permitted. Rwandans have the right to
own property.
All Rwandese are required to be members of the MRND and to pay
dues to it. Failure to participate in the MRND was one of the
charges made against the religious sects in 1986.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Statutory assurances of freedom of speech and press often are
not observed. Public criticism of the government ministers
and their dependents has increased this year, apparently
reflecting the President's series of unusally frank speeches
critical of public administration, but public criticism of the
military remains rare, and of the President nonexistent.
Candidates in the 1983 legislative elections were restricted
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to expressing opinions and advocating policies sanctioned by
party doctrine. Members of the National Development Council
do criticize government policies from the floor of the Council.
The Government produces radio broadcasts, a daily press
bulletin, and a weekly newspaper. Two Catholic church
publications sometimes print muted criticism of political and
economic conditions. Such criticism is tolerated and
occasionally even encouraged by the Government. There is no
record of any journalist having been arrested for what he has
written. The Government has cautioned the press, however, to
avoid what it regards as "harmful" criticism of leaders and
maintains that the press should devote its efforts to
"promoting development." Books and imported publications are
not censored, and academic freedom of inquiry and research is
respected at the university.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is limited. No public meetings or
demonstrations are permitted if there is any chance they will
result in expressions of overt opposition to government
policies. The Government permits private associations, but
requires that they be officially recognized nonprofit
organizations .
The Government is organizing a new labor union, the Central
Union of Rwandan Workers (CESTRAR) . The first training
session for CESTRAR delegates was held in August and delegates
urged the rapid implementation of the Union's organizational
structure. The Union will be integrated into the sole
political party, the MRND, although membership (open to all
salaried workers) will be optional. In theory, members will
have the right to strike, but only with the approval of the
Executive Bureau. Other workers' associations will no longer
have the right to exist independently, but will have to
affiliate with CESTRAR. Thus, the right to organize
"professional organizations," granted by the Rwandan labor
code, and to engage in collective bargaining with employers
must be exercised within the framework of the central union.
CESTRAR's provisional organizers contend that having a variety
of different labor organizations might threaten national unity.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution. The
population is 70 percent Christian and 1 percent Muslim, with
the remainder following traditional African or no religious
practices. Eighty percent of the Christians are Roman
Catholic, but there are active Protestant denominations. The
Roman Catholic Archbishop of Kigali, who had been a member of
the MRND Central Committee, resigned from the Committee in
January 1986, apparently to bring his status into accord with
Vatican doctrine. The Government depends upon church-
sponsored schools for a considerable portion of education in
Rwanda (over 85 percent of secondary schools are church
sponsored) .
The Government has in the past imprisoned members of
unrecognized religious sects, including the Jehovah's
Witnesses. In 1987, however, the Government's attitude toward
the several religious sects improved. The President amnestied
the 295 members of four sects--including 11 members aged 18 or
less--sentenced in 1986 (in many cases to 10-year terms) for
offenses related to the observance of their religion. The
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Government indicated that in the future it would pursue a
dialogue with such groups to resolve differences.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement and residence within Rwanda is restricted
by laws and regulations which require people to hold national
identity cards and residence and work permits. People who wish
to spend more than 3 days in a township other than their own
must obtain permission from the authorities of the area they
will be visiting. Police conduct periodic checks, especially
in urban areas, and return all those not registered in the
locality to their own township. Property owners who do not
require tenants to show valid documentation are subject to
fines and even imprisonment. "Clandestine" tenants are
subject to expulsion.
A major deterrent to foreign travel was eliminated in 1987,
when the Government abolished the requirement for posting
substantial deposits (as much as $600) with passport
applications. Applicants now need only to pay a small <$20)
nonrefundable fee. Foreign travel is controlled by means of a
security check of all passport applicants conducted by the
Central Intelligence Service, but unexplained refusals appear
less frequent than in the past. Properly documented Rwandans
may emigrate.
Official policy permits people who left Rwanda as refugees
during the revolution or for other reasons to be repatriated
on a case-by-case basis, but the Government discourages any
mass return on the grounds that the overpopulated land and
underdeveloped economy could not sustain the burden.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Rwandans have no opportunity to change their government through
a free choice of alternative candidates from opposing parties.
The MRND, the sole body permitted political activity, makes
all policy decisions and nominates all candidates for public
office. It in turn is dominated by its President, who also
holds the position of Secretary-General of the MRND. He
chooses the Central Committee and is the only constitutionally
recognized candidate for President. Every citizen is
automatically a party member and is required to pay party dues
representing 2 days' pay per year. Delegates are both elected
and appointed to the party's governing National Congress,
which meets every 2 years. The essential function of the
Congress is to endorse the programs presented by the party
leadership.
Only candidates approved by the party may run for the
legislature, the National Development Council. The President
also can veto candidates for the Council. Within the one-party
system, the voters can and sometimes do defeat incumbents in
elections .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Rwanda has made a concerted effort in recent years to
participate in human rights activities and to improve its
human rights record. There were no reports of requests for
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outside investigations of alleged human rights violations in
1987, although the Government, before the July amnesty,
received many letters protesting the incarceration of members
of unrecognized religious sects, particularly Jehovah's
Witnesses .
Representatives of the International Committee of the Red
Cross (ICRC) made a regular visit to prisons and spent 3 weeks
in Rwanda in the fall of 1987. A delegation from AT visited
Rwanda May 3-10, 1986, and received extensive cooperation from
the Government. The delegation visited a number of prisons,
interviewed prisoners, including political prisoners, and met
with the President, the Minister of Justice, and many other
officials. As a result of this visit, AI submitted to the
Government its observations and recommendations. In December
1986, the Government responded with comments, referring to
safeguards already introduced to prevent arbitrary detention
and the use of torture.
Rwanda is a signatory to the International Covenants on
Economic, Social and Cultural Rights and on Civil and
Political Rights and the African Charter of Human and Peoples'
Rights. Rwanda is also a member of the U.N. Human Rights
Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In 1959 the majority Hutu ethnic group (89 percent of the
population according to the 1978 census) overthrew the monarchy
of the Tutsi ethnic group (10 percent of the population). In
1962 the Belgians granted internal autonomy and then
independence to a Hutu government which had overwhelmingly won
a U. N . -supervised election. This revolution against the Tutsi
marked the end of the traditional, feudal society in which the
Hutu had lived for centuries and the beginning of a more modern
society that places greater emphasis on individual rights.
During the next decade, Hutu efforts to redress the social,
economic, and educational discrimination they had suffered
under Tutsi rule, led to division and corruption among the
Hutus and to sporadic ethnic strife. This gave rise to the
coup d'etat which brought President Habyarimana, a Hutu, to
power .
The Constitution states that "all citizens are equal before
the law, without any discrimination, notably that of race,
color, origin, ethnicity, clan, sex, opinion, religion, or
social position." However, the requirement that ethnic origin
be listed on identity documents helps to ensure that informal
quotas corresponding to the Hutu/Tutsi ratio in society are
not exceeded. The Tutsi minority has in fact been relegated
to a minor role in government, civil service, and the military
but is better represented in private business.
Following the Government's steps to restrict the activities of
some religious groups, there have been indications of
discrimination based on religious affiliation. For example,
one high ranking government official reportedly was threatened
with arrest because of his membership in the Jehovah's
Witnesses sect, and three Witnesses were fired from the
Ministry of Transport and Communication for their religious
beliefs .
Women perform most of the agricultural labor and have
benefited less than men from social development. Despite the
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RWANDA
language in the Constitution, women's rights to property are
limited, and women are not treated equally in divorce
proceedings. Moreover, women have fewer chances for education,
employment, and promotion, often because society expects them
to remain in uneducated, traditional roles at home. Family
planning services still are inadequate but are improving.
There are few organizations promoting women's interests, and
efforts to establish a national women's organization within
the party have been unsuccessful to date. Women play a
marginal role in political life. Nevertheless, there are now
3 women in the party's 21-member Central Committee, and 9
women among the 70 legislative deputies. There are also a
number of women on councils at the local level. The Rwandan
family code currently is being revised.
CONDITIONS OF LABOR
In the wage sector, which comprises only 7 percent of the work
force, children under 18 are not permitted to work without
their parents' or guardian's authorization, and they may work
at night only under exceptional circumstances on a temporary
basis. The Minister responsible for labor affairs may grant
work permission to a child under 14. He also sets the minimum
wage and overtime rates. The current minimum wage is
approximately $1.50 per day. Hours of work and occupational
health and safety in the modern wage sector are controlled by
law and enforced by labor inspectors.
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SAO TOME & PRINCIPE*
Sao Tome and Principe has been a one-party state since gaining
independence from Portugal in July 1975. Effective political
power is concentrated in the Presidency and the party, the
Movement for the Liberation of Sao Tome and Principe (MLSTP) .
The country is composed of two small islands off the west
coast of Africa with a total population of just over 100,000.
At independence, Manuel Pinto da Costa, the leader of the
MLSTP, was chosen to be President by the party and the Popular
Assembly, constitutionally the supreme organ of state and
highest legislative body, in an uncontested election. The
party reconfirmed him for a third 5-year term in September
1985.
There are approximately 75 Cuban technical advisers, and the
small Sao Tomean army is reinforced by 500 troops from
Angola. Small opposition groups in exile in Portugal and
Gabon have thus far shown no evidence of being able to
influence events on the islands.
In the past the Government drew heavily on Marxist-Leninist
principles, but with a deteriorating economic situation state
control has been reduced and the private sector strengthened.
The steady decline in cocoa exports, which account for 90
percent of Sao Tome's exports, reflected both lower world
prices and serious management problems on the nationalized
plantations. Inadequate rainfall since 1983 has further
reduced the production of all crops, resulting in serious food
shortages and the need for food assistance from the United
States and other Western countries. President da Costa
reaffirmed in July 1987 the determination of his Government
to follow rigorous International Monetary Fund reform
prescriptions in an effort to reinvigorate the flagging
economy.
There was little known change in the overall human rights
situation in 1987. However, President da Costa announced in
July that local cooperatives and professional associations
could now nominate candidates for election to the Popular
Assembly. This move could modestly widen political
participation within the one-party system.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
No reports of such abuses were received in 1987.
*There is no American Embassy in Sao Tome. Information on the
human rights situation is therefore limited.
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SAO TOME & PRINCIPE
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Although in the past some Sao Tomeans have been arrested and
detained without trial for public criticism of the Government,
there were no reports of such abuses in 1987.
According to the Government, the several opposition politicians
living in exile, e.g., former Prime Minister Miguel Trovoada,
and former Minister of Health Carlos da Graca (see Section 3),
are free to return.
In March 1987, UNICEF's representative in Sao Tome was
arrested by Sao Tomaen security forces and charged with the
murder of his wife. Consular representatives of the arrested
official's country were denied access to him, and repeated
protests by high United Nations officials were ignored; other
U.N. officials who tried to visit the UNICEF official were
roughed up. The official was released in May 1987 after
high-level intervention by his Government.
There have been no reports of the use of forced labor.
e. Denial of Fair Public Trial
Justice is administered at the highest level by the Supreme
Tribunal, named by and responsible to the Popular Assembly.
Lower tribunals are appointed to try military cases.
The Constitution does not address the right to a public trial,
but there have been instances of public trials of persons
accused of common crimes in recent years. Criminal trials are
occasionally reported by the local media. In most cases,
however, common criminals are given a hearing and are
sentenced by a judge. To date, the only political prisoners
given trials were those accused of plotting a coup in 1977.
In those trials and in criminal trials since that time, the
accused were assigned counsel by the Government. There is no
tradition of independent defense counsel.
As of the end- of 1987, the Government claimed that it held no
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Because of Sao Tome's geographic isolation and its small
population, the Government does not have a highly intrusive
security system to detect opposition opinion. However, the
Government's loosely organized system of informers and its
monitoring of political activities ensure that potential
dissidents are identified.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The security services are alert and react quickly to public
expressions of opposition or dissatisfaction with the
Government. All Sao Tomean media are government organs. They
consist of one television station which broadcasts 2 days per
week; a radio station which carries music, government news
releases, and instructional programs; and a weekly two-to-four
page newspaper of government news releases. No public written
criticism of the Government seems to be tolerated, but oral
criticism at party-sponsored meetings exists. The only
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SAO TOME & PRINCIPE
foreign wire service items are occasional pieces from Soviet
and Angolan sources. Voice of America Portuguese language
programs reach Sao Tome and are listened to without
interference. Sao Tome Radio also uses VGA taped music
programs .
b. Freedom of Peaceful Assembly and Association
In the past, political assembly and activity were legal only
within the country's sole political party, the MLSTP.
Recently, however, President da Costa announced that Sao
Tomaens could form cooperative and professional associations
unaffiliated with the party, and that such organizations could
nominate candidates for election to the Popular Assembly.
Cultural and social organizations require government approval,
which is believed to be easily obtained.
The sole trade union, affiliated with the party, exists mainly
on paper. There is no explicit legislation forbidding strikes,
but it is doubtful that strikes would be permitted by the
Government. There is no information currently available on
whether collective bargaining is legally permitted.
c. Freedom of Religion
Religious freedom is guaranteed by the Constitution. The
three religious communit ies--Roman Catholic, Evangelical
Protestant, and Seventh-Day Adventist-are allowed to practice
freely. The Government provides some funding for a school and
a social services center managed by the Catholic Church.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The geographic isolation and poverty of the country severely
limit foreign travel and emigration. In addition, the
Government closely controls exit visas for the few people who
travel. Almost all trips outside the islands are for
governmental missions or medical evacuation. Domestic travel
is not controlled by the Government, and people move freely on
the islands of Sao Tome and Principe. The lack of reliable
and affordable air service severely limits interisland travel.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The present political system makes no provision for change of
government through the electoral process. Government policy
is determined by President da Costa, in consultation with his
key cabinet and security officials. The leadership uses the
MLSTP to consolidate its rule at the local level and to assist
in selecting candidates for the Popular Assembly.
Nevertheless, President da Costa has embarked on a political
opening intended to widen the political debate on the island
and encourage participation. He has called for the formation
of local cooperatives and professional associations--without
stipulating that the organizations be affiliated with the
party--and announced that such organizations will be permitted
to nominate candidates for election to the Popular Assembly.
Recent constitutional changes stipulate that the President and
Members of the Popular Assembly are to be elected through
universal suffrage and that voting will be done by secret
ballot.
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SAO TOME & PRINCIPE
There are small exile groups in Portugal and Gabon. In May
1986, former Minister of Health Carlos da Graca resigned the
chairmanship of the National Resistance Front of Sao Tome and
Principe (FRNSTP) based in Libreville, saying that the recent
economic liberalization by the Government and its opening to
moderate African states made his further leadership of the
FRNSTP unnecessary. Da Graca said he would remain in exile
until Angolan troops withdrew from the country.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights.
The extent to which the Government is aware of, or influenced
by, international human rights organizations is not known. On
May 23, 1986, Sao Tome and Principe ratified the African
Charter on Human and Peoples' Rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Sao Tome population is relatively homogeneous, and there
have been no reports of policy discrimination on a tribal,
regional, sex, or religious basis among Sao Tomean citizens.
As energetic outsiders. Cape Verdeans in Sao Tome do suffer
some informal discrimination.
Women have constitutional assurances of eguality, and several
are active in public life. The President of the Popular
(National) Assembly is a woman. There are at least two female
members of the Central Committee of the party. Cultural
factors, rather than legal restraints, limit the actual
participation of women in government.
CONDITIONS OF LABOR
Legislation requires that a minimum wage of approximately $55
per month be paid to workers. There were reports that workers
at several cocoa estates were not paid for several months or
did not receive the minimum wage for an extended period of
time. A legal minimum employment age of 18 years is apparently
observed in practice. Basic occupational health and safety
standards are contained in the Social Security Law of 1979.
It is not known to what extent they are enforced.
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SENEGAL
Senegal is a republic with a democratically elected president
and a unicameral legislature. After acceding automatically to
the presidency in January 1981, when former President Senghor
retired, Abdou Diouf was elected in his own right in the
regularly scheduled general elections of February 1983. A new
legislature was elected at the same time, with President
Diouf's Socialist Party (PS) winning 111 of the 120 seats.
Senegal has longstanding democratic traditions which predate
independence, and there is wide public interest in, and debate
on, political matters. While Senegal is a multiparty state
with 17 legal political parties, the Socialist Party has been
dominant and controlled the Government since independence from
France in 1960.
The Senegalese military (about 12,000 personnel) has a
well-earned reputation as an apolitical and professional
organization and is respected by the population. There are
also about 3,000 paramilitary gendarmes. Civilian security
forces are fairly well trained and generally respect the laws
they enforce.
Although the Government and the ruling party describe the
national economy as Socialist, recent economic reforms include
an effort by the Government to reduce its involvement in many
sectors of the economy. This includes plans to sell off all
or part of most state-owned enterprises and to encourage
private initiatives in agriculture and industry. However,
wages have been frozen for several years while prices for
agricultural products and consumer goods keep rising. As the
nation faces general elections in February 1988, there is
growing concern about the political impact of the economic
reform program.
Trends in observance of human rights remain generally
positive. The legal system is active and effective in
protecting human rights. Concerns remain about the impact of
the electoral laws on the fairness of the election process.
The Government continues to provide strong support to
Dakar-based and regional organizations which promote respect
for human rights in Africa and the Third World. In the
southernmost region of Casamance, a small, armed, ethnic-based
separatist group intermittently engages in various clandestine
activities and sporadically attacks military personnel. At
the end of 1987, three persons who were arrested in late 1986
for involvement in Casamance unrest awaited trial before the
Security Court. Over 140 others who had been detained were
released without charge.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There was no evidence of any killings at government instigation
or for political motives.
b. Disappearance
There were no reports of abduction of individuals by official,
quasi-official, opposition, or vigilante groups.
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SENEGAL
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Government officials in Senegal generally adhere to the
section of the criminal code prohibiting physical abuse.
There are, however, instances of the use of force by police
officials in the interrogation of suspected criminals. In
April seven policemen were found guilty of complicity in the
1983 death of a suspect from beating. When other policemen
went on strike to demand the Government release their
colleagues, the Government reacted firmly, emphasizing that
the courts were independent of the administration and were
correctly applying the law. Family members claim that a delay
in access to the detainee prevented him from receiving timely
medical care which might have saved his life.
In its 1987 Report, Amnesty International stated that, in
connection with the separatist riots in Casamance in 1982 and
1983, a number of those brought to trial were alleged to have
been tortured or ill-treated after arrest and that at least
seven prisoners died before the trial. However, no formal
inquiries into the allegations or inquests were undertaken by
the authorities, who assert that no complaints were received
from either friends or family of those allegedly tortured.
There have been no criminal or civil suits resulting from the
Casamance disorders.
Harsh prison conditions are partly alleviated by the access to
prisoners by clerics, friends, and families, who are expected
to provide food and amenities.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The constitutional prohibition against arbitrary arrest or
detention is respected in practice. Persons are not generally
detained, punished, or tried for the expression of views
critical of or different from the Government. There are,
however, laws prohibiting personal attacks against the Chief
of State or the institutions of the Republic. The major
opposition political leader was charged in March under these
provisions for comments he made in an interview in August
1985. He was immediately released on bond, and his case is
still pending. He has remained politically active in the
meantime.
The Senegalese legal system is patterned after the French
system. A person suspected of a crime may be legally held
without charge for 48 hours after arrest and may be held up to
72 hours if ordered by a public prosecutor. Temporary
custody, which replaced "preventive custody" in 1985, is
permitted when civil authorities determine that there is a
threat of civil disturbance or that an individual is a threat
to himself or others. Temporary custody is initially valid
for a maximum period of 6 months but may be renewed for
further 6 month periods if the investigating magistrate
certifies that additional time is required to complete the
investigation. These laws are generally respected by law
enforcement officials, and charges are formally and clearly
drawn. By law, every person has access to legal counsel
during every step of the legal process. In practice, persons
with means will have private legal counsel. The court
appoints public defenders for indigents charged with felonies.
Amnesty International stated in its 1987 Report that further
arrests took place in the Casamance region in November and'
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SENEGAL
December 1986. At the end of 1987, three persons were
awaiting trial for separatist activities conrimitted in 1986.
There is no forced or compulsory labor in Senegal.
e. Denial of Fair Public Trial
Senegal has an active and well-trained judiciary, which is
constitutionally independent of the executive, the
legislature, and the military. Court officials are lawyers
who have completed a number of years of required
apprenticeship. Trials are open to the public, and defendants
have the right to a defense attorney. Ordinary courts hold —
hearings which are presided over by a panel of judges and, in
the case of criminal charges, include a panel of citizens as a
form of jury. Magistrates are appointed by decree, and judges
are not subject to governmental supervision. However, there
are recurrent allegations that the courts are not immune to
government pressure, and that some judges have been removed
from cases when they proved too independent-minded.
There are four categories of special courts: the High Court
of Justice, the Security (or "political") Court, the Court for
the Repression of the Unlawful Accumulation of Wealth, and the
military courts. The High Court of Justice, which was created
for the sole purpose of trying high government officials for
treason or malfeasance, has never met. The Security Court,
which consists of a judge and two assessors, has jurisdiction
over cases involving politically motivated crimes, such as the
Casamance separatist cases. The "Illegal Enrichment" Court
has only judged three cases since it was created 6 years ago
and is not presently active. The military court system has
jurisdiction over offenses committed by members of the armed
forces during peacetime. In wartime, courts-martial may be
convened. Civilians may not be tried by military courts.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.
The Senegalese bureaucracy, patterned after the French system,
is highly centralized and requires of Senegalese citizens a
fairly extensive array of documentation for purposes of
education and obtaining social security and other benefits.
The intent, however, is not coercive, and there is otherwise
little government interference in the private lives of
citizens .
There is no evident pattern of monitoring the private written
or oral communications of Senegalese citizens. There are
constitutional safeguards against arbitrary invasion of the
home. Search warrants are required and may be issued only by
judges and in accordance with procedures established by law.
While there is no evidence that security forces systematically
violate the law in this regard, searches without warrants do
occasionally take place.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is protected constitutionally and
is generally respected in practice. Full academic freedom
exists. As noted above, however, there are laws which
restrict personal attacks on the presidency and governmental
institutions .
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SENEGAL
Publications are neither censored nor banned in Senegal.
Publishers are required to register with the Central Court
prior to starting publication, but such registrations are
routinely approved. Laws establish standards for journalists
and publishers. There are dozens of magazines and newspapers
which reflect a broad range of opinion from conservative to
Marxist. The country's most professional and informative
newspaper is controlled by, and supports, the majority
Socialist Party. Foreign publications circulate freely in
Senegal without censorship.
Notwithstanding the broad range of views available to the
public, it is clear that in the official media (including the
government-controlled radio and television) the activities of
the ruling party are always covered, while the opposition
parties are mentioned only occasionally at best. Even when
the opposition is mentioned, it is done selectively, e.g.,
communiques are not read in their entirety and certain
factions are excluded in favor of others less hostile to the
Government. Events which affect and interest Senegalese are
sometimes ignored completely, as was the case when rioting
broke out on the university campus in January, and students
went on strike for over a month.
There are also legal limits on access to, and use of, the
official media during election campaigns. The ruling party
and its allies are entitled to 50 percent of the time allotted
to political broadcasts, while the opposition parties divide
the remaining 50 percent. Since one party holds the
Government while some 15 oppose it, the opposition has
demanded more equitable access to the airwaves.
A recent law restricts the subject, timing, and publication of
opinion polls, especially during campaign periods, effectively
prohibiting them from covering political or electoral
questions. A national commission must review all movies prior
to public exhibition, and film.s which offend Senegalese
sensibilities, e.g., gratuitous violence, or which deal with
certain politically sensitive topics are prohibited.
b. Freedom of Peaceful Assembly and Association
Senegalese frequently exercise their constitutional right of
assembly, within certain restrictions aimed at protecting
public order. Prior authorization for public demonstrations
is required, and demonstrations or protest meetings against
government policies are closely monitored by security
services. Many opposition party activities are hindered or
delayed because rallies or meetings can be banned by a local
police official. On at least one occasion, a decision by a
cabinet minister in the capital was required to overrule the
ban. The opposition claims that these techniques are used to
limit their access to the people.
In April policemen walked off their jobs in Dakar and
demonstrated in the streets. Since by law the police are
prohibited from striking, the Government fired first the
Interior Minister and his senior advisors and subsequently the
entire police force. After a review of all their files,
policemen found responsible for the illegal strike, as well as
those involved in corruption or abuse of power, were not
rehired. A large demonstration by labor union members outside
the National Assembly in July to manifest their concern over
revisions to the labor code under consideration by the
Assembly took place peacefully without arrests.
Rn_77n n _ RR _ Q
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SENEGAL
Workers have the right to organize and bargain collectively
and to strike if negotiations are unsuccessful. Less than 25
percent of the labor force is unionized. Economic and
work-related issues are the principal concerns of Senegalese
workers. In the past, the Government has cracked down on
wildcat strike actions, such as in the case of the transport
workers in 1985. The President amnestied in 1986 Moustapha
Toure, a leader of the transport workers, and nine others
sentenced to prison terms after that action.
The major trade union confederation, the National
Confederation of Senegalese Workers (CNTS) , is affiliated with
the ruling Socialist Party. There are also several small,
sometimes radical, independent trade unions representing some
workers in sectors important to the economy. The independent
unions are not afforded the same access to workers or the
media as CNTS and are sometimes excluded from activities such
as the traditional workers' May Day parade. The CNTS is
entitled by the Socialist Party to a ministerial post, but the
Secretary General of the CNTS has declined to accept the post,
stating that he wishes to avoid divided loyalty between the
workers and the party.
In July 1987, the Government, in an attempt to comply with
World Bank requirements aimed at making Senegal more
attractive to investors, introduced new labor legislation
designed to allow employers to hire workers for an unlimited
number of yearly contracts. The law required that an
employer, after signing two limited-term contracts with an
employee, must hire the employee full time and give the
employee full benefits and an unlimited duration contract.
The CNTS demonstrated and lobbied successfully for an
amendment to the government-sponsored bill which, in a final
review, made the new legislation almost exactly the same as
the former legislation. The CNTS officially is nonaligned
with any international labor body but is affiliated with the
Organization of African Trade Union Unity.
c. Freedom of Religion.
Senegal is constitutionally a secular state, and freedom of
religion is a legal right which exists in practice. Islam is
the religion of over 85 percent of the population. Other
religions, primarily Catholicism, are freely exercised.
Missionary activity is permitted, and foreign Protestant
missionaries are active in several regions of the country.
Conversion is permitted, and there is no discrimination
against minority religions. Adherence to a particular
religion confers neither advantage nor disadvantage in civil,
political, economic, military, or other sectors.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution states that all citizens have the right to
move and establish themselves freely anywhere in Senegal, a
right respected in practice. Since 1981 exit visas are not
required for travel outside the country. There is no
restriction on emigration, and repatriates are not officially
disadvantaged on return to Senegal.
Senegal is host to 5,140 recognized and assisted refugees.
Prior to the April 3, 1984 coup in Guinea, there were an
estimated 500,000 Guineans in Senegal, most of whom were not
officially recognized as refugees. Most of them have since
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SENEGAL
returned to Guinea. There is a regional office of the United
Nations High Commissioner for Refugees in Dakar. Senegal
continues to make places available for refugee students from
other countries at the University of Dakar and other
educational institutions.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Senegal is a functioning democracy with universal suffrage for
all citizens over 21. Political life throughout the
postindependence period has been dominated by the Socialist
Party. There are currently 17 legally registered parties
ranging in ideology from conservative to Trotskyite. Parties
may not be based on divisive factors such as language,
religion, or ethnic group. Presidential and legislative
elections were last held in February 1983, with rural and
municipal elections in November 1984. The next general
elections are scheduled for February 1988.
In the general elections of 1983, the PS won the presidency
and 111 of the 120 legislative seats under a combination of
direct constituency elections and proportional representation
which was developed to assure at least some opposition
presence. Opposition parties at that time charged that recent
changes in the electoral code had favored the ruling party by
removing the requirements for voter identification, a secret
ballot, and opposition representation when votes were
counted. Because of these objections, the leading opposition
party, which won eight seats in the legislature, decided to
boycott the municipal and rural elections the following year.
In preparation for the February elections, several of the
opposition parties are attempting to pressure the Government
to modify the electoral code by threatening to boycott again.
The Government has shown no sign of flexibility on this
subject, and it appears the opposition will campaign even if
no changes are made.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Senegal maintains a dialogue with organizations such as
Amnesty International (AI), which has an active chapter in
Dakar, and has permitted numerous AI missions to investigate
reports of human rights abuses in Senegal. Senegal is a
leader among African countries in the establishment and
promotion of international standards for human rights
practices. Senegal was the original sponsor of the African
Charter of Human and Peoples' Rights of the Organization of
African Unity (OAU) . In June 1987, Senegal organized a
colloquium to discuss the role and function of the African
Human Rights Commission to be set up under that Charter, and a
member of Senegal's Supreme Court was among the 11 African
jurists chosen by the OAU's annual summit meeting, in July, to
be on that Commission. Senegal is also an active member of
the U.N. Human Rights Commission. A Senegalese was recently
elected Vice President of the International Court of Justice
in The Hague. Dakar is the headquarters of several
institutions which foster the spread of human rights and
democratic pluralism in Africa.
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SENEGAL
Section 5 Discrimination Based on Sex, Race, Religion,
Language, or Social Status
While in general there is no official discrimination in
Senegal based on race, religion, or language, the country is
predominantly Muslim, and Islamic customs including polygamy
and the rules of inheritance generally prevail, especially in
the rural areas. Women are active participants in the
political process, and several parties, including the dominant
Socialist Party, have sections promoting women's rights.
Twelve women are deputies in the National Assembly, and there
are 3 women in President Diouf's Cabinet. In addition, a
number of government ministries employ women in key positions,
e.g., the Political Director of the Ministry of Foreign
Affairs. In other ministries key agronomists, statisticians,
and economists are women. Women may not serve in the armed
forces. As a result, the new requirement that all police
recruits have prior military service has the side effect of
barring women from service in the police force.
A subtle form of discrimination based on social status does
exist, although it has been officially outlawed for several
years. It concerns those families "of caste," who were
traditionally occupied with menial or dirty jobs in the
community--tanners , blacksmiths (and by extension, gold and
silversmiths), wood carvers, some fishermen, etc. Although it
is against the law to even mention the caste of a Senegalese,
in fact virtually all citizens of the country know where each
person fits in the social hierarchy. Articles in the press
have described frictions which result from this social
stratification. For example, a family may refuse to permit
the marriage of a daughter to a young man of caste because it
would lower her status.
CONDITIONS OF LABOR
The National Confederation of Senegalese Workers (CNTS)
has been a major force in establishing, through collective
bargaining over the years, regulations and guidelines for
minimum employment age (16), occupational safety and health
standards, minimum wage, and limits on work hours. In a
majority of the larger companies and enterprises which can be
easily monitored, the standards are closely followed. The
minimum wage is approximately $0.66 per hour for a minimum of
3 hours' work. Yet the informal work sector, faced with a
worsening economic situation, has ignored many of these
regulations. It is extremely difficult to monitor, let alone
enforce, the minimum age requirement, working hour limits, and
work place conditions within the informal work sector, and no
effort is made in the large agricultural sector.
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SEYCHELLES
The Government of Seychelles, led by President France Albert
Rene, took power in June 1977 in a military coup d'etat and
forced into exile a number of former leaders, including
ex-Prime Minister James Mancham. In 1979 a new Constitution
was promulgated which formally abolished all political
opposition to the ruling Socialist party, the Seychelles
People's Progressive Front (SPPF) . This Constitution provides
for a strong presidential executive, who appoints ministers
and a People's Assembly of 23 elected members and several
appointed members. The 1987 elections in the Assembly were
competitive (more than one candidate vied for some seats), but
all candidates were members of the SPPF.
The Seychelles has a defense force of about 800 army
personnel, a 300-man presidential protection unit, a 100-man
navy, and a 15-man air force, as well as a uniformed police
force of 500 and a people's militia of about 2,000. Together
these units comprise over 4.3 percent of the total population.
Tanzanian troops, now no longer on the islands, helped put
down a mutiny in the armed forces in 1982. The defense force
repulsed a November 1981 attack by mercenaries financed by
Seychellois in exile.
The Seychelles economy relies predominantly on tourism for
foreign exchange. The tourism industry, which fell
dramatically in the early 1980's, has since revived.
Approximately 73,000 tourists visited Seychelles during 1987,
an increase of 4.3 percent over 1986. Seychelles has actively
sought to diversify the economy by granting fishing licenses
to French, Soviet, Spanish, Korean, and Japanese trawlers and
by expanding the fishing port in Victoria with foreign donor
assistance .
The human rights situation was little changed during 1987.
The Constitution does not provide for fundamental human
rights, but rather includes them in a preamble as the goal of
the people of Seychelles. In 1987 the President continued to
use the Public Security Act, which allows for indefinite
detention in security cases, thus reaffirming his determination
to put down opposition elements. The Government also continued
to use exile as a means of suppressing dissent and accelerated
a program of acquiring real property belonging to Seychellois
residing overseas and known to be opposed to the Government.
There were no reported instances of torture in 1987 and fewer
political arrests and detentions than in 1986. The President
reaffirmed his commitment to freedom of religion,
noninterference in church affairs, and the right of religious
groups to speak out, including through their influential media
outlets .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no confirmed instances of killing for political
motives. Members of the overseas opposition allege, however,
that Gerard Hoareau, leader of the London-based Seychelles
National Movement, who was killed in November 1985, was
assassinated by government agents and that Marjorie Baker, a
Seychellois radio broadcaster stabbed to death in September
1986, was killed to prevent her from revealing a story of
political intrigue.
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SEYCHELLES
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution explicitly forbids torture. While reports of
torture are infrequent, there were two instances in 1986 which
were substantiated by credible evidence. Two prisoners, who
had been detained for political reasons, were severely beaten;
one had been burned with cigarettes and had his beard and hair
set on fire, while the other had been tortured with a bayonet.
Generally, prisoners are well fed and supervised by
professional prison wardens. Prisoners are normally
incarcerated on isolated islands, although family visits are
routinely arranged.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
During 1987 several persons were arrested and detained on
presidential order under the Preservation of Public Security
Act, which allows for indefinite detention without trial in
security cases. There is a Review Tribunal which is supposed
to monitor prisoner treatment, but the Tribunal has not been
convened since the late 1970's. The Public Security Act was
introduced in December 1981, following an attack by
mercenaries, and has been used on several occasions in recent
years under questionable circumstances, thereby tarnishing the
Government's reputation. For example, six persons were
arrested in June 1986 under this Act, including Phillippe
Boulle, the leading human rights activist in the country. The
six were subsequently released in October 1986 without any
formal charges being brought against them. In addition to
those detained under the Act, police sometimes detain persons
for 24 hours for "questioning" regarding alleged antigovernment
activities. In particular, persons who seek to mobilize public
opinion against the Government run a serious risk of being held
for "questioning."
The 1987 detentions under the Public Safety Act typically
lasted only a few days. At the end of 1987, there were no
known political detainees or prisoners, the last detainee
under the Act having been released in September.
The Government has taken various other actions against
potential opponents. Some government workers have been fired
without recourse to appeal or review. Other persons have
suffered social and economic harassment and received direct or
anonymous threats which they interpreted as signals to leave
the country. Frequently, the Government has directly urged
opponents to emigrate, an option that many have chosen over
the years (see l.f. below).
There is a prohibition against the use of forced or compulsory
labor, and such practices have not been employed. There is,
however, the National Youth Service for all persons age 14 to
16, which has elements of military training and discipline, as
well as academic study.
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SEYCHELLES
e. Denial of Fair Public Trial
Defendants in nonpolitical (both civil and criminal) cases
have access to counsel and have enjoyed speedy and fair
trials. The right to trial is patterned in large measure on
English common law, although there is also a heavy influence
of Napoleonic code law. Judges are provided under arrangements
with the British Commonwealth and, except for security cases,
have exhibited considerable independence from both the
executive and legislative branches. The Chief Justice, who is
appointed by the President, has stressed on several occasions
that it is the judiciary's responsibility to impose sentences
as required by law and that it should reflect the will of the
legislature.
The President exercises quasi- judicial powers. He has not
only appointment authority but also has broad detention
authority where public security is involved. Seychelles' law
requires that a member of the armed forces be tried by court
martial unless the President decrees otherwise. Theoretically,
the Constitution precludes the President from dismissing
judges. However, the President dismissed the previous Chief
Justice, an action which has so far not been subjected to
legal review.
Amnesty International adopted Royce Dias, a known opponent of
the Government, as a "prisoner of conscience," reflecting
suspicions that the criminal charges against him appeared to
have been fabricated for political reasons. Dias' 7-year
sentence for possession of drugs was later reduced by the
appeals court to 5 years. He remained incarcerated in 1987.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The authorities have broad powers of search and seizure
without a warrant. The Seychelles Marketing Board Act, passed
in 1984, allowed police to enter any premises, private or
public, and to seize any documents which they believe may be
in violation of the Act. However, in August 1987 the
Government repealed a 15-month-old law which had required all
locally grown produce to be sold through the Marketing Board,
thereby eliminating the justification for searches relating to
illegal sale of produce. Legislation exists which allows the
Government to open mail, domestic as well as international,
and it is widely believed that the Government does so. Many
persons complain that applications for immigration to other
countries mailed from overseas are confiscated. There was at
least one confirmed instance of a person who openly complained
about the lack of civil liberties in Seychelles having his
home ransacked.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although theoretically protected under the 1979 Constitution,
freedom of speech is exercised sparingly. The Government
controls the major newspaper in the country, as well" as all
radio and television broadcasting. Legislation provides up to
3 years' imprisonment for anyone "who with intent to bring the
President into hatred, ridicule, or contempt, publishes any
defamatory or insulting matter whether in writing, print, or by
word of mouth, or in any other manner." This same legislation
authorizes a 2-year sentence for anyone who "prints, supplies.
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SEYCHELLES
distributes, reproduces, or has in his possession or control"
any publication banned by the Government for security
reasons. The Government has sought to prevent the importation
of pamphlets printed by its opposition abroad. There were no
known arrests for distribution or importation of "seditious
literature" in 1987.
The President has promised not to interfere with the right of
religious groups to speak out freely. The Catholic Church
publishes a lively paper. Echo Des Isles, which is not subject
to government control or censorship. This paper continues to
publish some articles which obliquely criticize the Government.
The two largest religious denominations in the country, the
Roman Catholic and Anglican Churches, are each provided 2
hours of free, uncensored broadcasting a month. Both Churches
have taken advantage of the monthly broadcast to comment on
social and political issues. Seychelles has for the past 17
years granted a license for a Protestant radio station (FEBA)
to broadcast religious programs throughout Asia and Africa.
FEBA is planning to expand its facilities in Seychelles. The
BBC has commenced building a relay facility on the main island
of Mahe. Foreign broadcasts are widely listened to and are
uncensored. Foreign publications have been imported and sold
without hindrance.
b. Freedom of Peaceful Assembly and Association
The Government has been quick to move against unauthorized
demonstrations and has made arrests under an old British
colonial law which prohibits unlawful assembly without a
government permit. All associations, clubs, and other
organizations require government permission to organize, which
is usually granted for nonpolitical groups.
There is one legal union, the National Workers' Union (NWU) ,
which is under direct control of the ruling party and is
government subsidized. It does not function as a free trade
union, although it serves in an advisory role for workers and
seeks better working conditions for its members. The NWU lost
a seat on the International Labor Organization governing board
in 1981 because of its failure to attend a meeting in Geneva.
Changes at the 1985 party conference further restricted the
election of labor union officials who, in the future, will be
appointed by the Government. A new labor law, enacted in 1985
and effective beginning in 1986, set out guidelines for
employee/employer relations. There have been no strikes in
Seychelles since 1977. There is no collective bargaining.
Most workers are government employees, whose wages are set by
governmental guidelines through parastatal companies. The
guidelines set upper limits on wages and preclude wage
incentives. Nonetheless, industrial relations are harmonious.
c. Freedom of Religion
There has been no official religious persecution in the
Seychelles, and church services are widely attended. The
Roman Catholic and Anglican churches have flourished, and
Muslims and Hindus are unrestricted in their religious
practices. There is a clear separation between church and
state. Religious instruction in schools has been limited.
The Government has addressed religious institutions'
complaints that artificial impediments have made it difficult,
if not impossible, for children (ages 14-17) in the National
Youth Service (NYS) to attend church by allowing services to
be held at the NYS camps. As recently as 1984, the President
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SEYCHELLES
publicly reiterated his support for religion and said there
would be no government interference in the right of people to
worship as they choose.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on internal travel. Passports may
be acquired by virtually any citizen, although Seychellois
traveling abroad for study at government expense are required
to sign a bond which enables the Government to recoup the cost
of their education should they fail to return. Such persons
who are "bonded" must have government permission to travel
abroad following their return. There are no known cases in
which passports are currently being withheld. There are no
restrictions on voluntary repatriation for those willing to
accept the present one-party political system.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Since 1979 there has been only one legal political party, the
Seychelles People's Progressive Front (SPPF) . All political
(and much social) activity is channeled through this
institution. Citizens cannot change the one-party system, and
therefore cannot change the party in power. President Rene,
both as President of the country as well as the Secretary
General of the party, wields much power and influence. During
the SPPF Congress held December 10-12, 1987, the President
once more was unopposed and was elected unanimously to a
fourth 3-yeaf term as Secretary General of the party.
Opponents of the party can neither organize nor express public
opposition. The party has 23 regional offices called
"branches" which are responsible for organizing and supervising
discussion about current government policies. These branches
are encouraged to report public opinion in their regions.
Such discussions do not often result in policy changes.
The Government has used various means to stifle political
opposition. In June 1983, the Government embarked on a
campaign to nationalize private land, ostensibly to claim
unused agricultural land. On March 13, 1987, the Government
implemented a vigorous program of acquiring many parcels of
Seychelles real estate owned by Seychellois abroad known to
oppose the Government. The acquisitions are made under the
Land Acquisition Act of 1977. Although the Government has
stated that compensation will be paid, relatively few persons
have been compensated, and it is anticipated that any
compensation will generally be in the form of long-term
government bonds at very low interest rates. Negotiations
with previous owners were continuing at the end of 1987.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Requests for information are sent to the Chief Justice of the
Supreme Court, who acts as an interlocutor between human
rights groups, such as Amnesty International, and the
Seychelles Government. There have been complaints that
correspondence relating to the Amnesty International case of
Royce Dias has been interfered with, but to date it has not
been possible to confirm the validity of those complaints. In
other cases, however, inquiries have led to the release of
some detainees.
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SEYCHELLES
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no discrimination in housing, employment, education,
or other social services based on sex or on racial, ethnic,
national, or religious identification. Women enjoy high
status in this essentially matriarchal society. They have the
same legal, political, economic, and social rights as men.
One woman was recently elevated to the rank of minister. Two
women are serving as Central Committee members of the party.
Many senior officials, up to and including the rank of state
secretary, are women.
CONDITIONS OF LABOR
The Seychelles, located in the Indian Ocean about 1,000 miles
east of Kenya, has a population of only 65,000 and a land
surface of 171 sguare miles. The Government dominates the
labor scene in the small economy. Labor laws were
consolidated in the Employment Act of 1985, which went into
force in 1986 and provides for a minimum working age of 14 and
a minimum wage of $165 per month. According to officials of
the National Workers Union, occupational safety and health
conditions are one element monitored by the union's inspection
program. Labor laws are enforced. The Government has used
these laws to keep people on the job, thus holding down an
already high unemployment rate. There are no child labor laws
beyond the setting of the minimum age noted above. The
minimum wage, high by African standards, is not adequate in a
severely overpriced economy.
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SIERRA LEONE
Sierra Leone has a one-party system of government with the
President exercising predominant executive authority. The
1978 Constitution, approved in a national referendum,
established the All People's Congress (APC) as the country's
sole legal political party. Major General Joseph Saidu Momoh
assumed power on November 28, 1985, following a national
referendum confirming his designation by the APC for the
Presidency.
The government security structure, which includes the police,
the military forces, and the Special Security Division,
generally does not interfere with the rights of individuals.
In October, however, a number of soldiers attacked workers at
a power generating plant, allegedly because they believed the
workers were deliberately denying electricity to the military.
Senior military officials apologized for the incident and
promised an investigation and punishment for those involved.
Sierra Leone is considered by the United Nations to be among
the world's least developed countries. About 70 percent of
its 3.9 million population is engaged in agriculture, mainly
at the subsistence level. Mineral exports, notably diamonds,
are the principal foreign exchange earner. The Constitution
recognizes the right of the individual to own private property.
Most of the modern sector of the economy is privately owned,
but there is government ownership in certain key sectors,
particularly transportation and mining. Economic austerity
measures initiated in July 1986 were abandoned early in 1987,
and economic conditions, notably in diamond production and
prices, have continued to deteriorate. In November the
President declared a state of economic emergency and proposed
a series of sweeping measures, e.g., measures to prevent
hoarding and smuggling of precious minerals and to punish
severely those involved in government corruption.
In 1987 the major event influencing the human rights climate
was the President's economic emergency program. Reportedly,
the Government has moved slowly in introducing this program in
order to protect constitutional rights, but the emergency
gives the Government broad new powers in a number of sensitive
areas, e.g., in detaining and controlling the movements of
people, and limiting press reporting. The Government created
a special commission to investigate the high number of prisoner
deaths due to malnutrition and disease. In March an alleged
coup plot against the Momoh Government was uncovered. The
Government charged that a former senior police official
conspired with the then First Vice President and a prominent
businessman to assassinate the President. Eighteen persons
were tried and found guilty of treason; 16 were sentenced to
death. The verdicts were being appealed at the end of 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
There were no reports of abduction of individuals by the
Government or hostage-taking by nongovernmental groups.
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SIERRA LEONE
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no specific reports of torture in 1987. Harsh
physical treatment of prisoners by police, however, is thought
to be common. Conditions in the prisons are poor, and deaths
due to malnutrition, pneumonia, diarrhea, and gastroenteritis
are said by journalists and lawyers to be common. Amnesty
International issued a report in 1987 making similar
allegations. Subsequently, the President appointed a special
panel to investigate prison conditions. It had not reported
its findings by the end of the year.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The President's new economic emergency measures, which were
announced in November, gave the Government new powers to deal
with smugglers and hoarders of currency and commodities.
Their impact on judicial procedures and the forced movement of
people was still not clear at the end of 1987.
Judicial review of arrests is part of Sierra Leone common law
and generally observed in practice. It is widely charged,
however, particularly in Sierra Leonean legal circles, that
police, as a form of harassment, sometimes detain persons for
short periods without charge or judicial review. Under normal
circumstances, detainees not charged with an offense within 28
days of arrest must be released. During a state of emergency,
however, the Public Emergency Act comes into effect, and
persons detained under its provisions are not guaranteed a
hearing unless charged with a capital offense. (The economic
emergency measures enacted in 1987 do not fall under the
Public Emergency Act.) No one was being detained under Public
Emergency regulations at the end of 1987. Under the
Constitution, the President may take measures to detain any
person who is, or is reasonably suspected to be, dangerous to
the well-being of the Republic.
Neither exile nor forced labor is practiced.
e. Denial of Fair Public Trial
The judicial system comprises a Supreme Court of Appeals and a
High Court of Justice, with judges appointed by the President,
and magistrates courts. Local courts administer traditional
law, with lay judges and procedures that do not require legal
counsel .
The judiciary has generally maintained its independence,
although some critics charge that the legal system is
increasingly subject to political manipulation, often before
cases reach the courts, and that it has also been penetrated
by corruption. Sierra Leone's courts generally have a
reputation for providing fair public trials. Defendants are
allowed counsel of their choice, and convictions may be
appealed. Many defendants, however, cannot afford counsel,
and a public defender is provided only in capital offense
cases.
There are no known political prisoners. The 1987 coup trial
which involved the former First Vice President, Francis M.
Minah, and 17 others--largely from Mr. Minah's Pujehun
district — was conducted in the High Court of Justice and was
open to the public. The defendants had legal counsel and were
given adequate time to prepare their cases and call witnesses.
259
SIERRA LEONE
The death sentence verdicts in 16 of the 18 cases were under
appeal to the Court of Appeals at the end of 1987. According
to attorneys defending the persons charged in the coup trial,
the proceedings were--to all outward appearances — fair, but
they believe a number of rulings were subtly biased in favor
of the prosecution.
While the handling of the 1987 coup case — from arrest to
trial--moved expeditiously, this is not true of most cases.
The legal system is heavily overburdened and lacks resources.
This results in an average delay of 2 years before a case
actually comes to trial. The only official records of
proceedings are handwritten notes taken by the judges. This
practice limits lawyers' access to written documentation and
puts in question the impartiality of the official record.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State does not generally interfere with rights of privacy
and family, and legal safeguards against arbitrary invasion of
the home are usually observed. Neither censorship of mail nor
electronic eavesdropping by the State on private conversations
have been reported. Some organizations, however, have claimed
that informers report to the Government on their activities.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although freedom of speech is legally guaranteed, this can be
abridged under the Constitution if the proper functioning of
the Government is deemed to be in jeopardy. In practice, the
Government generally tolerates public criticism by citizens,
and academic freedom is respected. Political propaganda
occasionally circulates within the country from opposition
groups based in Western Europe or the United States.
There has been no prior government censorship of the press.
Newspapers have reported on sensitive political topics such as
misuse of government funds, bribery, and bureaucratic
indiscipline. The press has been particularly active in
uncovering corruption since the Government began an
anticorruption campaign in July. Journalists fear, however,
that the economic emergency regulations adopted in November
will affect press freedom adversely. Those regulations
provide for prison sentences up to 5 years and fines up to
5,000 leones ($217) for publication of any false statement
calculated to bring another person into disrepute, or any
statement in a newspaper (regardless of its truth) that is
likely to alarm the public, disturb the peace, or stir up
feelings of ill-will among ethnic or religious groups. Even
prior to these new regulations journalists exercised self-
censorship. For example, most editors avoid publishing
articles portraying the country in a critical light or
attacking the Head of State personally. This approach is
codified in the Newspaper Act of 1983, which specifies
qualification standards for editors and sets a fee for
registration of newspapers.
In 1987 one editor was detained for 4 days on the orders of
the First Vice President who objected to an article speculating
that he would be removed. The editor was released after the
Sierra Leone Association of Journalists protested the detention
to the President.
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SIERRA LEONE
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of freedom of assembly
and permits the formation of and membership in trade unions or
other economic, social, or professional associations. These
rights, however, are limited, most significantly where assembly
or association would conflict with the "proper functioning of
the party" or with public order. In practice, freedom of
association in the nonpolitical sphere is respected. Private
associations of citizens can and do make representations to
the Government on policy issues and are not subject to
reprisals .
There has been a long history of trade unions in Sierra Leone.
Labor has the right to organize into unions, to recruit
members, and to bargain collectively with employers. Most
sectors of the modern economy are unionized. Labor is also
permitted to strike, and there have been a number of strikes
and other forms of industrial action in recent years, most
recently a teachers' work slowdown in 1987. Unions also have
the right to join confederations. The Government has favored
one confederation, the Sierra Leone Labor Congress (SLCC) , to
which most unions now belong. The Head of the SLCC is a
member of the party and a Member of Parliament. The SLCC
participates in the Sierra Leone delegation to the
International Labor Organization meetings and is a member of
the International Confederation of Free Trade Unions.
c. Freedom of Religion
There is a tradition of religious tolerance in Sierra Leone.
Muslims (the largest religious group), Christians, animists,
and adherents of other faiths practice their religions freely
and publish religious documents without government
interference.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The President's economic emergency program will, when
implemented, affect the freedom of movement of people, e.g.,
in being able to shift people to other areas if orderly
administrative and economic needs dictate. Heretofore, the
only official control on travel within the country has been in
diamond-mining areas where restrictions are intended to control
smuggling. There are few regulations restricting foreign
travel. Sierra Leone, a party to the U.N. Convention and
Protocol Relating to the Status of Refugees, is host to
approximately 200 refugees, most of whom are students from
Namibia. There were no reported incidents of forced
repatriation in 1987.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their government is limited by
the fact that Sierra Leone is a one-party state, although
local party members have some say in the designation of
candidates. Former President Stevens was the dominant
authority in Sierra Leone until 1985, when he retired and
arranged for his succession by Major General Momoh. The
Parliament, at Stevens' behest, amended the Constitution to
allow Momoh to become President without resigning his military
commission, and in August of that year the single party, the
All Peoples' Congress, under the control of Stevens, nominated
261
SIERRA LEONE
Momoh as President. Since independence in 1961, the clear
trend in political development has been to increase executive
power and decrease constitutional checks on that power. The
Constitution provides that the leader of the party will be the
sole candidate for the office of President. The Cabinet,
selected by the President from elected as well as appointed
members of Parliament, meets with the President regularly and
is a key advisory body.
The Parliament is subservient to the executive branch of the
Government. Candidates for Parliament are chosen in each
constituency by the party's local executive committee, which
selects three candidates from the list of citizens who seek
nomination. The Central Committee of the party has the power
to disapprove the nomination of any candidate selected by the
local party executive if it believes that candidacy would be
inimical to the State. Parliamentary elections were last held
in May 1986 and were accompanied by less campaign violence
than in any election since 1977. While there were problems in
some constituencies, these were redressed in many cases by
repolling or, in seven disputed races, in the courts. There
is universal suffrage.
In addition to the national political system, a traditional
system of local government operates in the provinces.
Paramount chiefs are elected for life by the members of local
chiefdom councils. The paramount chiefs retain considerable
authority in local affairs and in resolving traditional
disputes .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government generally has taken a positive attitude toward
international and nongovernmental groups involved in
monitoring human rights violations. In response to the 1987
Amnesty International report. President Momoh convened a
special commission to investigate possible human rights
violations in the prisons.
The Government has not interfered with the activities of the
Sierra Leone Bar Association's Society for the Preservation of
Human Rights This Society, founded in 1985, is supported by
Members of Parliament, judges, medical doctors, academics,
civil servants, trade unionists, and the media. The Society
won its first major court case in 1986, obtaining the
acquittal of a group arrested for demonstrating peacefully.
Local chapters of Amnesty International also exist.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no officially sanctioned discrimination on the basis
of race, sex, religion, language, or social status. Members
of Sierra Leone's various ethnic and religious groups interact
peacefully and are represented at all levels of the Government.
Women in Sierra Leone are guaranteed equal rights by the
Constitution, but their status varies widely in different
parts of the country and depends heavily upon the cultural
values of various tribal groups. In most rural areas, women
are involved in farming. In some areas of Sierra Leone women
have been elected to the prestigious position of paramount
chief. The Government continues to be male-dominated. In the
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SIERRA LEONE
Parliament elected in 1986, only 5 of the 112 members are
women. However, women are prominent in some professions, and
one woman is a Supreme Court justice.
CONDITIONS OF LABOR
The normal workweek is 38 1/2 hours (7 hours on each of the 5
weekdays and 3 1/2 hours on Saturdays) . An established code
sets out acceptable standards for the workplace, covering
maintenance of machinery, safety procedures, and sanitary
conditions. In actual practice, however, manufacturing
concerns in Sierra Leone, of which there are very few,
probably do not conform to the code, and there is no
practicable means of enforcing it. There is no minimum age
for the employment of children. Sierra Leone has no
legislated minimum wage, although the Ministry of Labour is
considering such a proposal. Outside the public sector there
are no comprehensive wage or salary guidelines.
263
SOMALIA
Somalia's formal governmental structure includes the President,
the Council of Ministers, and the National People's Assembly.
For the past 18 years, Somalia has been ruled by President
Mohamed Siad Barre, head of the armed forces and Secretary
General of the Somali Revolutionary Socialist Party, the
country's sole legal political party. Brought to power by a
military coup in 1969, President Siad was elected to a 7-year
term in December 1986 in Somalia's first direct presidential
election which gave the President 99.9 percent of the vote.
The Council of Ministers is appointed by President Siad. The
members of the People's Assembly were last elected on a single
slate in December 1984, with no provision for alternative or
dissenting votes. The President regularly convenes the party
Politburo, a close circle of advisers composed of the Vice
President and four of the most powerful ministers, who also
represent the major clan groups in Somalia. Informal and
formal consultations between the leadership and clan groups
also have a major impact on internal politics.
Having risen to power on the basis of his support in the
military. President Siad consolidated his authority by forging
a consensus among the clans through careful balancing of clan
representation in his Cabinet. Military officers remain key
political players. The police force maintains civil order.
These two uniformed services are augmented by the National
Security Service (NSS), created in 1970, which has essentially
unlimited powers of arrest, detention, and confiscation in
matters deemed to involve national security.
Somalia has few natural resources, and most of its estimated
population of 5.6 million earn a bare subsistence as herdsmen
or farmers. The country's economy has suffered from periodic
drought and overcentralization. Recurrent conflict with
Ethiopia has entailed heavy defense expenditures and a massive
refugee problem. However, since 1983 the Government has been
introducing new policies to encourage development of the small
private sector and to initiate economic reforms with the
assistance of a variety of donors, including the International
Monetary Fund, the World Bank, and the Agency for International
Development. These reforms have had salutary effects on
production and exports and have also lowered the inflation
rate. In August 1987, however, popular riots occurred in
protests against fuel shortages and a rise in transportation
fares. The President, in subsequent policy statements,
appeared to be having second thoughts about the reforms, seeing
some liability in market-determined food prices and foreign
exchange rates.
There was no significant change in Somalia's human rights
situation in 1987. Civil and political rights remain tightly
circumscribed; however, while public criticism of the
Government is not allowed, Somalia are less reluctant to speak
openly in private conversations about dissatisfaction with
government policies. The Government shows little hesitation to
imprison those it sees as a threat to security. Two antiregime
organizations, the Somali National Movement (SNM) and the
Somali Democratic Salvation Front (SDSF) , operate out of
Ethiopia and periodically conduct military attacks against
Somali government and army establishments, primarily in
northern Somalia.
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SOMALIA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
It is difficult to obtain information on possible political
killings, especially in the wake of periodic fighting between
antigovernment and government forces. Opposition groups were
responsible for some deaths or woundings of civilians in the
course of their attacks on government establishments,
particularly in the North. A Somali National Security Service
official was assassinated in December 1986 while sitting in a
public cafe in Hargeisa. While the opposition's avowed targets
are the military, tactics involve use of land mines, which have
injured some civilians.
Although a number of death sentences have been issued by the
National Security Court, from whose decisions there is no right
of appeal, there were no credible reports in 1987 that any of
the defendants were actually executed. The Somali President
can and has pardoned or reduced sentences of persons convicted
by the National Security Court. There have been reports of
extralegal or summary executions of alleged dissidents,
especially in the North, but it is difficult to obtain
corroborating information due to the periodic fighting.
b. Disappearance
There were no reported cases of unexplained disappearance. SNM
dissidents kidnaped 10 French doctors and an Ethiopian refugee
in January from the Tug Wajale refugee camp but later released
them in Ethiopia to French authorities.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There are recurring reports of the use of torture by police and
security officials, including immersion in sea water, beatings,
rape, and placing prisoners in contorted positions for extended
periods. Somali officials consistently deny that torture is
practiced. Authorities routinely use rough treatment in order
to obtain confessions from criminal suspects. Somali prisons
are unsanitary and living conditions are difficult. Some
political detainees are held incommunicado for various lengths
of time, reportedly in harsh conditions in maximum security
prisons where they are denied contact with their families, and,
in some cases, kept in solitary confinement. However, upon
release from prison, some political prisoners have been
restored to their old government jobs or have had new jobs
created for them. In its 1987 report, Amnesty International
(AI) expressed concern about reports of ill-treatment and
torture of political prisoners. Police behavior has sometimes
been rough in other contexts. At the National Day parade in
October, overzealous security forces beat some spectators and
fired a few shots, but there were no casualties.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Despite constitutional provisions that accord Somali citizens
the right to formal charges and a speedy trial, the criminal
procedure code was modified in 1970 to exempt crimes involving
national security from specific time limits and rules of
procedure. Those arrested for expression of critical views of
265
SOMALIA
the Government may be charged with crimes against the State,
such as sedition and conspiracy against the State, and held
indefinitely without being brought to trial. The National
Security Service is empowered to arrest without a warrant
anyone suspected of a crime involving national security. There
is no provision for bail in any but minor cases before the
National Security Court.
Estimates of the number of political detainees range from 300
to 800, of whom at least 200 are being held without charge.
Some reports indicate this number is much higher, allegedly due
to mass arrests in the North in the wake of the conflict
between the army and the SNM. AI's latest report recalls that
among those held without charge are a politician and lawyer
detained without trial since 1975 and several army officers
detained since 1978. Several persons detained since 1982 will
be tried early in 1988 (see below). AI's report, as well as
other sources, claim that Somalia is holding without trial at
Hawai prison several hundred Ethiopian civilians reportedly
captured by Somali forces in the 1977-78 Ogaden War. The
Government provides no information about the number of
detainees .
Six former Members of Parliament arrested in 1982, including
one former Vice President and four Cabinet members (two of whom
were founders of the current regime), were formally charged in
1987 with "high treason." The Government announced that these
persons will be brought to trial in February 1988 and permitted
legal counsel. A seventh Member of Parliament detained with
this group died in prison in 1983 allegedly due to medical
neglect. There are reports that other political detainees will
also be tried in 1988.
The Government does not practice exile. In 1986 President Siad
Barre publicly offered amnesty to dissidents abroad who wished
to return to Somalia. Compulsory labor is not permitted under
Somali law. However, the Government and the party occasionally
organize campaigns in which "voluntary" labor is used in street
cleaning or temporarily in state-run factories. Prisoners may
perform labor as part of their penal servitude.
e. Denial of Fair Public Trial
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